Keyword: 4thcircuit
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The Fourth Circuit Court of Appeals on Thursday revived a lawsuit from the Maryland and Washington, D.C. attorneys general that accuses President Trump of violating the Constitution’s Foreign and Domestic Emoluments Clauses by benefiting from use of the Trump International Hotel by foreign and U.S. officials. The case previously had been ordered dismissed by a Fourth Circuit panel. But the full roster of judges reheard the case and, in a 9-6 decision, determined Trump cannot have the court overrule a lower court’s decision to deny him certification to appeal before trial. “Notably, notwithstanding the President’s vigorous assertion that the court...
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A court awarded an atheist group approximately $456,000 after they won a years-long lawsuit against a South Carolina school district for holding graduation ceremonies with prayer and hymns. Last year, the American Humanist Association won a lawsuit against Greenville County School District for their practice of holding graduation ceremonies with sectarian religious elements. The U.S. District Court for South Carolina awarded AHA $446,466 in attorney fees and $9,776 in other expenses on Tuesday, which was below the previous requested amount of $584,026. Greenville County Schools told local media outlet Fox Carolina that they are probably going to appeal both the...
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After making a brief comeback on school lunch menus, white bread and other refined grains may be vanishing again when schools reopen after a federal court threw out the Trump administration’s rollback of school nutrition standards. The U.S. district court in Maryland this week said the administration did not give adequate public notice of the change, which had gone into effect for this past school year. The ruling was in response to a lawsuit brought by the Center for Science in the Public Interest and Healthy School Food Maryland. The U.S. Department of Agriculture said it does not comment on...
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Many suffered collateral damage in the Deep State’s scheme to take down Donald Trump, but few will find justice. On Thursday, federal Judge Leonie Brinkema tossed Svetlana Lokhova’s defamation lawsuit against Stefan Halper and a slew of legacy media outlets. Brinkema’s 41-page opinion detailing why the Russian-born U.K. citizen had no recourse for the damage inflicted on her by the SpyGate plotters and their partners in the press exposed the sad reality of this wide-ranging scandal: many suffered collateral damage in the Deep State’s scheme to take down Trump, but few will find justice.Lokhova, an historian and former Ph.D. student...
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A federal judge in Maryland has blocked the Trump administration's executive order allowing state and local governments to turn away refugees from resettling in their communities. In September, President Trump announced that groups that help refugees find places to live must first get written consent from local and state jurisdictions before resettling them. Immigration advocates challenged the executive order in federal court, calling it cruel and shortsighted. U.S. District Judge Peter Messitte said the executive order "does not appear to serve the overall public interest." In his 31-page opinion issued Wednesday, he wrote that the order gives states and local...
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A federal judge has rejected President Trump’s push to dismiss a lawsuit against him for allegedly violating the emoluments clause of the Constitution. U.S. District Judge Peter Messitte in Maryland shut down the Justice Department’s arguments to dismiss the lawsuit filed by the attorney generals in D.C and Maryland, according to court documents. Trump is accused of violating the clause, which prevents elected officials from receiving gifts or benefits from foreign governments without Congress’s approval. --This breaking news report will be updated.
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Last year, a court ruled that 11 VA House districts were unconstitutional, finding that lawmakers improperly prioritized race to draw African-American voters into majority-minority districts. The court gave the General Assembly a chance to redraw the map last fall, but it became clear the Republican House and Democratic Gov. Ralph Northam could not agree on a plan. A federal court ruled last year that Dr. Bernard Grofman could re-draw the Virginia legislative districts however he liked. Grofman is a professor at the University of California-Irvine, whose degrees in Mathematics (1966) and his MA (1968) and PhD (1972) in Political Science...
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A second appeals court has lifted an injunction blocking the Trump administration from implementing its immigration rule relating to “public charges,” mirroring an order in the Ninth Circuit Court several days before. “Public charge” refers to an individual who is likely to become primarily dependent on the government for subsistence, by receiving assistance such as food stamps or Medicaid. The cases stem from a new rule the Department of Homeland Security (DHS) adopted in August that expanded the definition of “public charges” in the Immigration and Nationality Act (INA). The rule provides clarification about what factors would be considered when...
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The Trump administration is heading to court this week in two lawsuits charging that the president is violating the Constitution by profiting off of his hotels and other businesses while in office. The cases revolve around the Constitution’s once-obscure emoluments clauses, which critics say President Trump has flouted, giving foreign diplomats an opening to curry favor with him by patronizing his businesses. On Monday, a panel of judges on the D.C. Circuit Court of Appeals will hear oral arguments over whether members of Congress can sue the president for alleged emoluments violations, and on Thursday, the full 4th Circuit Court...
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The U.S. Supreme Court on Tuesday declined to take the case of a public school teacher who required her students to recite the Islamic "conversion prayer" or receive a failing grade. The Thomas More Law Center is defending Caleigh Wood, a Christian student in 11th grade at La Plata High School in La Plata, Maryland. Wood refused to deny her faith "by making a written profession of the Muslim conversion prayer known as the shahada – 'There is no god by allah and Muhammad is the messenger of allah,'" Thomas More said. The 4th U.S. Circuit Court of Appeals ruled...
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A federal appeals court ruled Tuesday that apprehended migrants do not have the right to be held in the same state as their children while in detention, thrusting the issue of migrant family separations back into the spotlight. The U.S. Court of Appeals for the 4th Circuit affirmed a district court’s ruling that migrants do not have a “due process right to family unity.”
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The Senate voted Tuesday to confirm Allison Jones Rushing, 37, to the U.S. Court of Appeals for the 4th Circuit, making her the youngest federal judge in the country. The Senate voted 53-44 to put Rushing into the lifetime court seat. Every Republican present voted for her. Every Democrat present opposed her.
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On December 17, President Trump filed an appeal requesting that a district-level lawsuit from the Maryland and D.C. attorneys general accusing him of illegally taking foreign government cash through his Washington hotel be frozen due to the government shutdown. His request was granted by the 4th Circuit Court of Appeals, stating the following: “The briefing schedule is suspended pending further order of the court.” The DOJ’s request in the emoluments case was not the only delay request the government filed due to the shutdown. Cases involving immigration-related lawsuits are also frozen. I know that is good news for the Trump...
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WASHINGTON, DC — Work on the Mountain Valley Pipeline has come to a halt after a Friday order from the Federal Energy Regulatory Commission. The agency issued the stop work order a week after the Fourth U.S. Circuit Court of Appeals pulled a permit needed for construction in the National Forest. The 300 miles pipeline is under construction to carry natural gas from Wetzel County, West Virginia to Pittsylvania County, Virginia. FERC ordered a halt to all work with the exception of what it considered measures necessary to land management and stabilization of the right of way and work areas....
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The Supreme Court on Thursday refused to hear an appeal from county officials in North Carolina who argue they should be allowed to give a prayer at the start of public meetings. The Rowan Country Board of Commissioners had asked the court to reverse the 4th Circuit Court of Appeals ruling, which found the board’s prayer ritual violated the Constitution’s ban on government establishing one religion.
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The 4th U.S. Circuit Court of Appeals ruled that the Peace Cross, a monument dedicated to local residents killed in World War I, must be torn down. (Photo: The Washington Times/Zuma Press /Newscom) COMMENTARY BY Peter Parisi Peter Parisi is an editor and writer for The Daily Signal. When Republican congressional leaders went to the White House on Jan. 23, 2009—just three days into Barack Obama’s presidency—to discuss legislation, he helpfully reminded them that his policy preferences necessarily had to prevail because “elections have consequences, and at the end of the day, I won.” Obama is out of office now,...
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A divided 4th U.S. Circuit Court of Appeals on Thursday held as unconstitutional President Donald Trump's anti-terrorist travel ban from eight countries, six of them majority-Muslim with a total population of 150 million. In a 9-4 vote, the Richmond-based court upheld a Maryland district judge's preliminary injunction against the ban taking full effect and ruled that the travel restrictions violate the Constitution's Establishment Clause, which bars the government establishment of a religion. “In sum, the face of the Proclamation, read in the context of President Trump’s official statements, fails to demonstrate a primarily secular purpose. To the objective observer, the...
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A federal appeals court on Thursday declined to delay a requirement that the U.S. military begin enlisting qualified transgender men and women for the first time starting Jan. 1. The U.S. Court of Appeals for the 4th Circuit refused to grant the Trump administration’s request to temporarily block an earlier order that the military accept transgender recruits, potentially propelling the issue to the Supreme Court in the coming days. The ruling was another legal blow for the president, who surprised military leaders when he announced in July in a series of tweets that the U.S. government “will not accept or...
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The Supreme Court is allowing the Trump administration to fully enforce a ban on travel to the United States by residents of six mostly Muslim countries. The justices, with two dissenting votes, said Monday that the policy can take full effect even as legal challenges against it make their way through the courts. The action suggests the high court could uphold the latest version of the ban that Trump announced in September. The ban applies to travelers from Chad, Iran, Libya, Somalia, Syria and Yemen. Lower courts had said people from those nations with a claim of a “bona fide”...
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WASHINGTON (AP) — President Donald Trump's revised travel ban "speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination," a federal appeals court said Thursday in ruling against the executive order targeting six Muslim-majority countries. Trump's administration vowed to take the fight to the U.S. Supreme Court. In a 10-3 vote, the U.S. Circuit Court of Appeals for the 4th Circuit said the ban likely violates the Constitution. And it upheld a lower court ruling that blocks the Republican administration from cutting off visas for people from Iran, Libya, Somalia, Sudan, Syria and...
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