DC Circuit Overturns Hamdan Conviction, Says Military Commissions Unusable for Material Support Charges

By: Tuesday October 16, 2012 2:02 pm

In a significant ruling today, a federal appeals court overturned a conviction of Salim Hamdan, Osama bin Laden’s driver, obtained through a military commission. Judge Brett Kavanaugh, a George W. Bush appointee seen as a possible conservative Supreme Court justice, wrote in a ruling for a three-judge panel of the DC Circuit Court that Hamdan [...]

Ohio Provisional Ballots Case a Win for Voting Rights Activists, but Gerrymandering Still Stunts Potential Democratic Gains

By: Thursday October 11, 2012 2:05 pm

The Sixth Circuit Court of Appeals has delivered one of the last remaining blows to voter suppression efforts across the country. And this one cements the near-clean sweep for voting rights advocates in litigation. Today, the Sixth Circuit ruled that Ohio, a pivotal state in the Presidential race, must count all provisional ballots where voters [...]

Federal Court Rules to Open Early Voting on Weekend Before Election in Ohio

By: Friday August 31, 2012 10:21 am

For the fourth time this week, a federal court has struck down a policy put forward by Republicans that would either constrict voting rights or dilute the power of minority votes. We had the voter ID law in Texas, the redistricting maps in Texas, the restrictions on voter registration in Florida, and now the restoration [...]

Federal Court Blocks Texas Voter ID Law

By: Thursday August 30, 2012 10:33 am

The latest in a string of rulings limiting the GOP’s war on voting has come down. A federal court has unanimously stopped Texas from instituting a voter ID law. While this would seem contradictory to the Supreme Court’s upholding of voter ID for Indiana in 2009, this case is different because it follows the Justice [...]

EPA “Good Neighbor” Interstate Pollution Rule Overturned By DC Circuit Court

By: Wednesday August 22, 2012 6:58 am

A three-judge panel of the D.C. Circuit Court, voting 2-1 on partisan lines, has struck down the EPA’s “good neighbor” air pollution rule, which attempted to protect Eastern states from upwind pollution from Midwest and Southern states via tougher pollution laws. A federal appeals court Tuesday struck down a key Obama administration air pollution rule [...]

Anti-Choice Rulings Advance in Federal Courts

By: Tuesday July 31, 2012 9:35 am

Arizona’s stringent abortion law, which includes a ban on all abortions beyond 20 weeks of pregnancy, was upheld by a federal judge yesterday, setting up a potential showdown at the Supreme Court that could further chip away at Roe v. Wade. The Arizona law will now take effect tomorrow, as scheduled. U.S. District Judge James [...]

First Circuit Court of Appeals Finds DOMA Unconstitutional

By: Thursday May 31, 2012 8:18 am

A three-judge panel of the 1st Circuit Court of Appeals in Boston has affirmed a ruling declaring the Defense of Marriage Act unconstitutional, bringing the case one step closer to an ultimate resolution at the Supreme Court. In an opinion written by Judge Mike Boudin, a George H.W. Bush appointee and former deputy assistant Attorney [...]

Appeals Court Denies Stay, Independent Expenditure Groups Would Have to Disclose Donors Under Current Ruling

By: Wednesday May 16, 2012 12:27 pm

A federal appeals court panel declined to stay a ruling on donor disclosure for so-called “electioneering” advertising, which could lead to the largest independent expenditure campaigns in America having to reveal their donor networks for the 2012 cycle. Conservative groups wanted to stay the ruling pending appeal, which won’t be heard until September. In a [...]

Appeals Court Judges Think All Economic Regulation Should Be Unconstitutional

By: Monday April 16, 2012 10:17 am

An unusually blunt ruling from two conservative federal judges, if applied at the Supreme Court level, would make virtually all regulation on businesses or financial firms unconstitutional. DC Circuit Court members David Sentelle (a Reagan appointee) and Janice Rogers Brown (an appointee of George W. Bush) wrote a concurring opinion in a case about regulation [...]

Federal Judge Assigns Homework on Judicial Review to Justice Department

By: Wednesday April 4, 2012 6:18 am

A federal appeals court judge on the Fifth Circuit pretty much freaked out yesterday during a trial with a member of the Justice Department, pouncing on President Obama’s comments about the Supreme Court’s health care case and badgering counsel on whether judicial review exists: In the escalating battle between the administration and the judiciary, a [...]

SEC, Citi Poised for Victory in Overturning Rakoff Ruling

By: Thursday March 15, 2012 11:36 am

Bad news for bank accountability. A three-judge panel of the 2nd Circuit Court of Appeals said today that the SEC would “have a strong likelihood of success” in getting a ruling of District Court Judge Jed Rakoff overturned. That ruling refused to allow a settlement in an SEC mortgage backed securities case against Citigroup to [...]

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