Appeal federal court

Since the U.S. Supreme Court recognized a constitutional right to same-sex marriage in June, a Kentucky county clerk is not likely to win an appeal of a federal court’s order requiring her to perform same-sex marriages, a federal appeals court said Wednesday.So the 6th U.S. Circuit Court of Appeals refused to issue a stay of the order imposed on Rowan County clerk Kim Davis as she appeals the federal judge’s ruling, reports Reuters.Davis had sought to resolve the situation by simply refusing to perform any marriages. However, U.S. District Judge David Bunning ruled that Davis, as county clerk, was required as part of her job to perform marriages regardless of her personal religious beliefs and ordered her to issue marriage licenses, in a preliminary injunction.She is represented by Liberty Counsel. Founder and chairman Mat Staver. He says the firm will discuss with Davis possible action including making a request for a stay to the U.S. Supreme Court. Related … [Read more...] about 6th Circuit nixes stay for clerk appealing federal court order requiring her to perform marriages

In a long-running controversy over nutrient standards for Florida waterways, five environmental groups filed a notice of appeal yesterday in the U.S. Circuit Court of Appeals for the Eleventh Circuit challenging the order of U.S. district court Judge Hinkle.  Specifically, the Florida Wildlife Federation, the Sierra Club, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, and St. Johns Riverkeeper are appealing the district court’s January 7, 2014, order, which allowed the U.S. Environmental Protection Agency to modify a 2013  consent decree so that the State of Florida can set the nutrient criteria for all its waters.  Without the modification, the consent decree requires EPA to adopt numeric nutrient standards for Florida’s waters unless the State does so first.  Florida has established new nutrient limits but the standards are not numeric for all waterways.Whether  the appeal will preclude … [Read more...] about Environmental Groups Appeal Federal Court Order Allowing the State of Florida to Adopt Nutrient Standards For Its Waters

The Senate has installed 24 appellate judges since President Donald Trump was sworn in over a year ago, and is pushing forward with the confirmation of two more judges by the end of this week, as Trump continues to dramatically alter the ideological makeup of the federal judiciary for generations to come, The Washington Post reports. There are 13 appellate courts that sit below the U.S. Supreme Court, and cases deal with how to interpret federal laws, bureaucratic regulations and rules, the Constitution, and executive orders. The Trump administration has placed a strategic focus on these courts as they have a more powerful effect on policy and legal change, according to CNN, and as a way to terminate Obama era policies. "The Supreme Court gets the bulk of the attention, but the circuit courts decide the bulk of the cases," Arthur D. Hellman, a University of Pittsburgh law professor who studies the federal judiciary, told the Post. "Because the Supreme Court these days is taking so few … [Read more...] about Trump Admin, Senate Reshaping Federal Courts

Home Daily News Federal court in Texas declares Indian Child… By Lorelei Laird Posted October 10, 2018, 10:00 am CDT Photo by Shutterstock A Northern Texas federal district court struck down portions of the Indian Child Welfare Act last Thursday, finding that the disputed sections violate the Fifth Amendment’s equal protection guarantee by mandating racial preferences. In Brackeen v. Zinke, Judge Reed O’Connor of the court’s Fort Worth division ruled that the ICWA categorizes children in the child welfare system according to race, not membership or eligibility for membership in a tribe, making those provisions illegal racial preferences. He also struck down a portion of the ICWA that gives tribes the right to intervene in child welfare proceedings, as well as recently enacted regulatory rules implementing the ICWA. “No matter how defendants characterize Indian tribes—whether as quasi-sovereigns or domestic dependent nations—the Constitution … [Read more...] about Federal court in Texas declares Indian Child Welfare Act unconstitutional

SECTIONS Search E-edition Customer Service Advertise Newsletters News News Local Crime Databases Education Election Politics Nation/World Special Reports North Carolina South Carolina Corrections Columnists Retro Charlotte Your Schools All Blogs & Columns Sports Sports Carolina Panthers Charlotte Hornets That's Racin' High Schools College Sports Charlotte Knights/MLB Other Sports Blogs & Columnists Inside the Panthers Inside the NBA Prep Insiders Scott Fowler Tom Sorensen All Blogs & Columns Politics Politics Elections The North Carolina Influencer Series RNC 2020 Business Business Banking Stocks Center Top Workplaces National Business What's in Store Development All Blogs & Columns Living Living Religion Food & Drink Health & Family Home & … [Read more...] about NC abortion law is unconstitutional, federal court rules