Free Republic

SAN FRANCISCO -- The chief federal appeals court judge in San Francisco bluntly ordered the Obama administration Thursday to stop resisting his finding that the wife of a lesbian court employee was entitled to government insurance coverage. The federal agency that oversees benefits for government employees "shall cease at once its interference with the jurisdiction of this tribunal," Judge Alex Kozinski said in response to the Office of Personnel Management's rejection of his earlier ruling in the case. He told the agency to let Karen Golinski, a staff attorney at the court's headquarters in San Francisco, enroll her wife, Amy...

US Judge Bans Christian Car Number Plate [Pic in URL] A US judge has ordered South Carolina not to issue car number plates that feature a Christian cross in front of a stained glass window along with the slogan "I Believe". 10 Nov 2009 Cameron Currie, the district judge, said the plate, similar to the one pictured, was unconstitutional because it violated the First Amendment. Photo: AP The southern state's legislature had already approved the licence plate, but Cameron Currie, the district judge, said the plate was unconstitutional because it violated the First Amendment, which requires the separation of church...

WASHINGTON — The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago. The step cleared the way for Mr. Muhammad to be put to death on Tuesday unless Gov. Tim Kaine of Virginia intervenes. The court did not comment in refusing to hear Mr. Muhammad’s appeal, but three justices objected to the relative haste accompanying the execution. Justice John Paul Stevens complained that “under our normal practice,” Mr. Muhammad’s petition for the court to take his case would have been discussed at the justices’ conference scheduled...

The Supreme Court Monday denied John Allen Muhammad's request to stay his execution, clearing the way for Virginia to put to death the man who terrorized the Washington region as the Beltway Sniper. Justices John Paul Stevens, Ruth Bader Ginsburg and Sonia Sotomayor objected to the court's haste, saying it "highlights once again the perversity of executing inmates before their appeals process have been fully concluded." Stevens, writing for the three, said Virginia had short-circuited the process by scheduling Muhammad's execution for Tuesday night, earlier than the court would normally have reviewed his petition for the court to take his...

ROME – The Vatican has denounced a ruling by the European court of human rights that said the display of crucifixes in Italian public schools violates religious and educational freedoms. Vatican spokesman the Rev. Federico Lombardi says the crucifix is a "fundamental sign of the importance of religious values" in Italian history and culture. He says the European court had no right intervening in such a profoundly Italian matter .. .. In Strasbourg, France, on Tuesday ordered Italy to pay a euro5,000 ($7,390) fine to a mother who wanted crucifixes removed from her children's classrooms. The Italian government said it...

Jury Awards $16 Million To Family In Fatal Radio Prank October 29, 2009 A Sacramento jury today awarded $16 million to the family of a woman who died during a 2007 radio station contest gone awry. The Sacramento County Superior Court jury concluded that Entercom Sacramento, which operates KDND-FM (107.9) "The End," was negligent after ignoring several warnings that a morning show contest could have fatal consequences, according to KTXL-TV (Channel 40) in Sacramento. Jennifer Strange, a mother of three from suburban Rancho Cordova, died of apparent water intoxication hours after a failed attempt to win a Nintendo Wii video...

SPRINGFIELD, Mo.- A Missouri woman whose monkey was denied status as a service animal said having to leave the pet at home will restrict her activities. Debby Rose of Springfield said a federal judge rejected her lawsuit against the Springfield-Greene County Health Department, CoxHealth and Wal-Mart East for failing to recognize her Bonnet Macaque monkey, Richard, as a service animal, The (Springfield, Mo.) News-Leader reported Friday. "It's devastating; it's devastating," said Rose, who purchased the monkey in 2004. "I feel like I'm discriminated against in Greene County. What can I say?" Rose said in her suit that she suffers from...

A Florida judge ordered today that Fathima Rifqa Bary be returned to Ohio. The 17-year-old religious runaway will be transferred into the care of Franklin County Children Services. To ensure her safety, the details of her transfer will not be released, the Florida Department of Children and Families said in an e-mailed statement. Judge Daniel P. Dawson of the 9 t h Judicial Circuit Court of Florida agreed last week that Bary's case should be heard in Ohio, but he said he first wanted to receive documents detailing her immigration status. The girl is a native of Sri Lanka.

High school student Chad Farnan, 17, speaks at a campaign fundraiser for Shawn Black, a GOP candidate for the 70th Assembly District, earlier this month. The legal group that represents Farnan, Advocates for Faith & Freedom, has been ordered to pay $19,688 in legal fees. SANTA ANA – In a legal twist that challenges the notion of what a prevailing party is, a federal court clerk on Friday awarded $19,688 in court-related fees to the attorneys who represented high school teacher James Corbett, sued two years ago for making anti-Christian comments in class. Milli Borgarding, the deputy in charge of...

In a sharply worded dissent, Justice Paul Anderson said the majority's decision "does not make sense, and borders on the absurd." He said it isn't consistent with what the Legislature intended when it wrote the state's drug laws. And he blasted Rice County authorities for charging Peck with such a serious crime. If bong water is considered a drug mixture, and it weighs enough to raise the crime to a first-degree drug offense, the presumed sentence for a first-time offender is seven years and two months in prison, and a felony drug offense goes on his or her record, Paul...

In the not too distant future, a sign that says "Palin for President 2012" could pop up along Highway 101 in San Carlos. That's because a federal judge this week ordered the city to stop enforcing part of its sign ordinance, in response to a lawsuit that contends the law violates free speech rights.

A judge has released a 17-year-old Vernal girl from jail after ruling she did not commit a crime when she allegedly paid a man to beat her in an attempt to end her late-term pregnancy. The release, which came after the girl’s mother obtained a second opinion on her daughter’s no contest plea, has incensed some lawmakers who argue the ruling skirts laws governing legal abortions in Utah. “The judge is absolutely stretching,” said Rep. Carl Wimmer, R-Herriman. “There’s no way the judge believes the Utah Legislature left open this loophole. I guarantee it will be closed this next session.”...

A U.S. federal judge has ruled that hundreds of documents detailing the Central Intelligence Agency's now-shuttered overseas secret detention program of suspected terrorists, including extreme interrogation methods, may be kept secret. U.S. District Judge Alvin K. Hellerstein on Wednesday refused to release documents describing Central Intelligence Agency terror interrogations, and the names of detainees or CIA contractors involved in the secret rendition program. He said he would defer to the CIA's judgment on the need to keep the papers secret in order to protect intelligence methods and sources. The American Civil Liberties Union had asked for the release of 580...

The fight against mandatory flu vaccines has just gotten a shot in the arm. An Albany judge has just issued a temporary restraining order preventing the state Department of Health from mandating flu vaccinations for health care workers in New York, according to lawyers in the case. Terry Kindlon, the lawyer representing nurses who filed a lawsuit this week, said Judge Thomas McNamara issued the order at a hearing Friday morning. The nurses argue the policy violates their civil rights. State Health Commissioner Richard Daines had imposed a regulation that required certain health care workers to be vaccinated by Nov....

RICHMOND, Va. – A federal judge has ruled that Virginia violated the voting rights of military service members and other Americans overseas when officials failed to mail more than 2,100 absentee ballots in time for last year's presidential election. U.S. District Judge Richard Williams also ordered Friday that the Virginia Board of Elections count and certify the absentee ballots. The ballots from military service members and others living outside the state were the focus of a lawsuit filed by Republican candidate John McCain's campaign, which alleged that they weren't mailed in time for overseas voters to return them before the...

WASHINGTON – A judge declared a mistrial Thursday in the case of a former lobbyist caught up in the Jack Abramoff affair, the biggest setback in the government's long-running prosecution of the influence-peddling scandal. The jury deadlocked over allegations that Kevin Ring lavished thousands of dollars worth of tickets and meals on employees of then-Republican Reps. John Doolittle of California and Ernest Istook of Oklahoma and on Justice Department officials in return for congressional appropriations and other assistance for Abramoff's clients. The panel of seven women and five men also was unable to reach a verdict on another count, on...

A real estate judge is refusing to reverse a landmark ruling that opens the door to voiding tens of thousands of Bay State foreclosures dating as far back as 1989. “The foreclosure sales (in question are) invalid because they failed to meet the requirements of (Massachusetts law),” Land Court Judge Keith Long wrote yesterday in reaffirming a decision he originally reached in March. Long denied a request from Wells Fargo and U.S. Bank to reinstate two Springfield foreclosures he invalidated in March because of flawed paperwork. As the Herald first reported in June, the case centers on documents that banks...

A federal judge refused today to dismiss a lawsuit challenging California's ban on same-sex marriage, setting the stage for the nation's first trial on the constitutionality of a law allowing only opposite-sex couples to wed. Chief U.S. District Judge Vaughn Walker, in a ruling from the bench in San Francisco, said a trial was needed to resolve crucial issues, including whether gays and lesbians are persecuted minorities entitled to judicial protection from discriminatory laws. He has scheduled the trial for January. Sponsors of Proposition 8, approved by 52 percent of the voters in November, argued that the initiative was clearly...

A Florida judge has ruled a teenager from Ohio must return after running away to Florida in fear that her parents would harm her for converting from Islam to Christianity.

3:09 pm - Judge Dawson plans to enforce his order for the passport and related papers, even if the case is moved to Ohio. 3:10 pm - "We still don't have a complete copy of (Rifqa's) passport," said Bartholomew. "I am very alarmed that it hasn' been provided," she added. She said she has learned there are more documents being withheld. 3:18 pm - Attorneys are talking about arrangements for a psychological evaluation and counseling. She is to see a local psychologist on Friday morning. 3:21 pm - Elahi said he suspects "a ploy" by Rifqa's legal representatives to delay...

A 17-year old girl who fled from her home, fearing her Muslim parents would kill her for converting to Christianity, must go back to Ohio, a Florida judge ruled Tuesday. Judge Daniel Dawson ruled Ohio has jurisdiction over the case involving the teen, Rifqa Bary. Before the girl gets sent back, the judge says he needs immigration papers proving her status in the U.S. and proof from the state of Florida that she can continue her virtual schooling and receive credit in Ohio. She is expected to be placed in foster care when she returns and will also be provided...

Michael Newdow Concord, N.H., Oct 4, 2009 / 06:09 pm (CNA).- A federal judge in New Hampshire has thrown out an atheist activist’s lawsuit challenging the constitutionality of the recitation of the Pledge of Allegiance in Hanover, New Hampshire public schools. He reasoned that the Pledge is voluntary and is not a prayer.Activist Michael Newdow’s suit was dismissed by Judge Steven McAuliffe in response to a motion of Becket Fund for Religious Liberty. The motion was filed on behalf of three Hanover families and the Knights of Columbus, the Becket Fund reports.The Knights of Columbus, a Catholic fraternal organization,...

SARASOTA COUNTY - Like many dog owners, Ila Abis views her dogs as "her children." When her two German shepherds got sick after getting heartworm shots from a veterinarian, one so badly she had to euthanize it, she could not speak for a week. But her real shock came when she wanted to sue the vet and discovered Florida law values dogs in a much different way: not as a cherished family member, but as simple property, like a table or book. While some Florida laws give pets more legal standing -- such as allowing them to be primary beneficiaries...

A federal court in New Hampshire has tossed a lawsuit against school districts in that state alleging that they improperly coerced children to recite the Pledge of Allegiance, a decision that the American Center for Law and Justice, which represented members of Congress in an amicus brief, praised. "We’re extremely pleased with the sound and well reasoned decision issued by the court – a decision that rejects another attempt to rewrite history by targeting the Pledge and the phrase 'under God,'" said Jay Sekulow, chief counsel of the ACLJ, yesterday. Michael Newdow

A Dallas judge ruled Thursday that Texas' ban on gay marriage is unconstitutional as she cleared the way for two gay men to divorce, the Dallas Morning News reported. State District Judge Tena Callahan said the state’s bans on same-sex marriage violates the constitutional guarantee to equal protection under the law. While the Texas attorney general had stepped into the case to say that because a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce, Tena denied the intervention. The two Dallas men in the case married three years ago in Massachusetts, the first state...

NEW YORK — A judge cited national security concerns in ruling Wednesday that the CIA does not have to release hundreds of documents related to the destruction of videotapes of Sept. 11 detainee interrogations that used harsh methods. U.S. District Judge Alvin K. Hellerstein said he believed he had an obligation to let the CIA director decide what should be released when it pertains to methods used to make uncooperative detainees divulge information. "The need to keep confidential just how the CIA and other government agencies obtained their information is manifest, and that has to do with the identities of...

Dan Rather's legal wrangling slogs into its third year: His lawyer vows he will appeal a New York court ruling Tuesday that tossed out the former evening news anchor's $70 million breach-of-contract suit against CBS Corp. The complaint "must be dismissed in its entirety," ruled the Appellate Division of the New York State Supreme Court, saying there was no breach of contract because CBS had honored the "pay or play" clause in Rather's contract. That is to say the company had continued to pay Rather his annual salary -- $6 mil -- even after he left the "CBS Evening News"...

NEW YORK – A New York court on Tuesday dismissed Dan Rather's $70 million breach of contract lawsuit against CBS Corp., noting that the network continued to pay the anchor $6 million a year even after he left the evening news broadcast.

NEW YORK (Reuters) - A New York state appeals court on Tuesday dismissed former TV newsman Dan Rather's lawsuit against CBS Corp in which Rather claimed he was made a scapegoat in a scandal over a 2004 report on then-President George W. Bush's military record. The ruling by a panel of judges of the New York State Supreme Court Appellate Division said Rather's $70 million complaint should be dismissed in its entirety and that a lower court erred in denying CBS's motion to throw out the lawsuit. CBS said it considered the legal fight "effectively over" and put an end...

A Suffolk Superior Court judge today denied a motion by state Republicans to delay Gov. Deval Patrick’s appointment of an interim senator by 90 days. Judge Thomas Connolly this afternoon cleared the way for Paul G. Kirk Jr. to be sworn in as an interim U.S. senator today at 3:15 p.m. in Washington, D.C. Developing ...

Perhaps the Garden State should switch its nickname to the Barnyard State. A New Jersey judge has dismissed animal cruelty charges against a cop accused of committing a sex act with cows, saying a grand jury had no way of knowing whether the animals were "tormented." Moorestown police officer Robert Melia, who is currently suspended, allegedly stuck his penis in the mouths of five calves in Southampton in 2006. Since New Jersey currently has no law explicitly banning such an act, prosecutors in Burlington county brought animal cruelty charges against Melia, the Philadelphia Daily News reports. "If the cow had...

Could half of all U.S. mortgages -- some 60 million -- be protected from foreclosure? That's how some are interpreting a ruling from the Kansas Supreme Court. Ellen Brown/Huffington Post: A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that...

A New York judge on Monday rejected CBS Corp's bid to dismiss former TV news anchor Dan Rather's $70 million lawsuit claiming he was fired over a controversial election-year report on former President George W. Bush's Vietnam War-era military service. New York State Supreme Court Justice Ira Gammerman set a December 22 hearing in the case and directed that testimony be taken from witnesses, including Sumner Redstone, the chairman of Viacom Inc, which controlled CBS at the time. "Let's get this case moving," Gammerman said. "I would really like to get this case ready for trial." Rather, 77, sued CBS,...

INDIANAPOLIS -- The Indiana Court of Appeals has ruled that Indiana's voter identification law is unconstitutional. 6News is looking through the 29-page ruling now and will provide details from it as soon as possible. The decision comes after the U.S. Supreme Court upheld the state's voter ID law in 2008, a week before the presidential primary, in a splintered 6-3 ruling. Backers of the law, which requires a voter to present a photo identification to cast a ballot, said it curbs voter fraud. Those against the law contend that it keeps poor, older and minority voters from casting ballots. The...

WASHINGTON – Independent advocacy groups will be able to spend more money to try to influence federal elections under a decision Friday from a federal appeals court that overturned rules limiting nonprofits' campaign spending. Three judges of the U.S. Court of Appeals in Washington agreed with Emily's List, a nonprofit that backs women Democratic candidates who support abortion rights, that the regulations limited free speech rights. The Federal Election Commission enacted the rules in 2005, after concerns were raised about the amount of unlimited "soft money" contributions used to fund attacks in the 2004 election. The FEC said nonprofits would...

Judge Lucinda V. Sadler does not have the right to decide what is proper religious exposure for a child. To say, in a court ruling that the girl's "vigorous defense of her religious beliefs … suggests strongly that she has not had the opportunity to consider any other point of view," is overstepping the role of adjudication.

SAN FRANCISCO -- A divided federal appeals court on Tuesday upheld a school district's refusal to let a band play a religious piece at a high school graduation, saying the superintendent had reasonably decided to avoid a constitutional controversy by ordering a secular program. The district's veto of an instrumental version of "Ave Maria" by German composer Franz Biebl at the 2006 graduation ceremony in Everett, Wash., did not violate students' freedom of speech or religion, said the Ninth U.S. Circuit Court of Appeals in San Francisco.

BOISE, Idaho - A federal appeals court delivered a stinging rebuke Friday to the Bush administration’s post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government’s improper use of material witnesses after Sept. 11 was “repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.” The court found that a man who was detained as a witness in a federal terrorism...

BOISE, Idaho – A federal appeals court delivered a stinging rebuke Friday to the Bush administration's post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses after Sept. 11 was "repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history." The court found that a man who was detained as a witness in a federal terrorism...

Ashcroft liable for detentions, court finds By Tony Romm - 09/04/09 04:18 PM ET Former Attorney General John Ashcroft may be sued and held liable for wrongly detaining witnesses after the Sept. 11 attacks, a federal appeals court ruled on Friday. In its decision, the 9th U.S. Circuit Court of Appeals said that Abdullah Al-Kidd, a U.S. citizen detained as a material witness for two weeks, may sue the former attorney general for breaching his constitutional rights. Al-Kidd claimed during the case that his brief imprisonment caused him to lose a scholarship and crippled his chances of finding employment, according...

Christian girl ordered to attend public schoolMom's religious views ripped by court By Julia Duin A New Hampshire court ordered a home-schooled Christian girl to attend a public school this week after a judge criticized the "rigidity" of her mother's religious views and said the 10-year-old needed to consider other worldviews as she matures. Ever since the judge's ruling came out in July, the case has aroused the interest of home-schooling groups nationwide, whohave asked why a court has the power to decide whether someone's religious views are too extreme. The girl's mother, Brenda Voydatch, has engaged the Alliance Defense...

ORLANDO, Fla. — The teen who ran away from her Ohio home after converting from Islam to Christianity will stay with her foster parents in Orlando for the time being, a judge ruled. The judge also put a gag order on all the attorneys involved in the case, barring them from talking to the media. Rifqa Bary, 17, ran away to Florida in July, saying she feared being killed for changing religions. The Florida judge also ordered sealed a police report about a teenage girl. The judge said two weeks ago that he would postpone deciding whether Bary should return...

Amanda Kurowski is a 10-year-old homeschooled girl who performs well academically and is socially well-adjusted. But her strong Christian beliefs were reason enough for a New Hampshire court to order her out of homeschooling and into a public school. The daughter of divorced parents, Amanda has been homeschooled by her mother, Brenda Voydatch since first grade. Her father, Martin Kurowski, is opposed to homeschooling, arguing that it prevents "adequate socialization" for Amanda with other children. He requested that she be placed in a government school. In the process of renegotiating the terms of a parenting plan for the girl, the...

A 10-year-old homeschool girl described as "well liked, social and interactive with her peers, academically promising and intellectually at or superior to grade level" has been told by a New Hampshire court official to attend a government school because she was too "vigorous" in defense of her Christian faith. The decision from Marital Master Michael Garner reasoned that the girl's "vigorous defense of her religious beliefs to [her] counselor suggests strongly that she has not had the opportunity to seriously consider any other point of view."

A Christian homeschool girl in New Hampshire has been ordered into government-run public school for having "sincerely held" religious beliefs. An attorney working with the Alliance Defense Fund (ADF) has filed motions with a New Hampshire court, asking it to reconsider its order to send the 10-year-old homeschooled girl into public school. According to ADF allied attorney John Anthony Simmons, the court acknowledges that the girl in question is doing well socially and academically, but he adds that the court went too far when they determined that the girl's Christian faith was a "bit too sincerely held and must be...

A federal judge on Monday threw out a lawsuit filed against the Defense of Marriage Act, saying that the suit had been improperly filed in state court before it was transferred to his jurisdiction. Because of the technicality, U.S. District Judge David O. Carter refused to entertain arguments on the suit’s merits and said the case must be refilled in federal court to be considered. "There is no point for us to go down the line of decision-making and waste time," he said during the hearing in Santa Ana, Calif., according to The Associated Press. Though the gay Southern California...

ACLU’s Request to Jail Lisa Miller Fails in Virginia Court August 25, 2009 www.LC.org Winchester, VA – Earlier today, Liberty Counsel appeared in court to defend Lisa Miller from a complaint filed by the ACLU of Virginia on behalf of Janet Jenkins. The ACLU asked the judge to order Lisa to jail for not delivering her own daughter, Isabella, to Vermont for unsupervised visitation with Janet. The ACLU also requested Lisa to pay attorneys fees and costs. No jail time was ordered and the court rejected the ACLU’s request for money. Although the court ruled that Lisa had violated a...

SANTA ANA, Calif. — A same-sex marriage lawsuit that created a public rift between President Barack Obama and his gay supporters was dismissed Monday on a technicality. U.S. District Judge David O. Carter ruled the case – the first of several pending challenges to the federal Defense of Marriage Act – must be refiled in federal court. Carter said the suit had been improperly filed in state court before it was transferred to his jurisdiction. As a result, the judge said, he would not entertain arguments on its merits, at least not yet. "There is no point for us to...

A federal judge on Monday ruled against an effort by the U.S. Federal Reserve to block disclosure of companies that participated in and securities covered by a series of emergency funding programs as the global credit crisis began to intensify

Santa Ana, Calif. (AP) -- A federal judge in Southern California has dismissed on a technicality a same-sex marriage lawsuit that created a rift between President Barack Obama and his gay supporters. U.S. District Judge David O. Carter ruled Monday that the case challenging the federal Defense of Marriage Act had been improperly filed in state court before it was transferred . . .