Politico is reporting that the U.S. Court of Appeals for the Second Circuit has “extended a temporary stay of a district court judge's order barring the government from using an indefinite detention provision in a defense bill passed by Congress and signed by President Barack Obama late last year.”
A panel of three judges heard the motion filed by the Obama administration and in their ruling they point to “flaws within the scope and rationale” of the permanent injunction issued earlier by District Court Judge Katherine Forrest.
In response to an Opt Out and Film national campaign that encourages airline passengers to opt out of the naked-body scanners and film TSA screeners, the Transportation Security Administration has retracted its approval of filming its procedures at security checkpoints.
"The Fourth Amendment does not recognize guilt by association," U.S. District Court Judge Richard Sullivan wrote in ruling the New York Police Department illegally arrested a large number of demonstrators during the 2004 Republican National Convention in New York's Madison Square Garden. The ruling from the U.S. District Court for the Southern District of New York held that police lacked probable cause for many of the arrests, because they had no knowledge or reason to believe that the individuals arrested had broken the law.
The U.S. Supreme Court on October 1 rejected the appeal of a Michigan resident who claimed the use of body-imaging scanners and pat-down procedures by Transportation Security Administration agents at airports throughout the country violate airline passengers' privacy rights protected by the Fourth Amendment to the U.S. Constitution. On the first day of its new term, the court refused without comment to consider the appeal of Jonathan Corbett, who publishes a blog called "TSA Out of Our Pants!" Corbett's suit had been dismissed by the U.S. District Court in Southern Florida in a ruling upheld by the 11th Circuit Court of Appeals in Atlanta, Georgia.
The Supreme Court justices who raised political storms in the last few years with controversial landmark decisions face no shortage of opportunities to do the same in the new term.
Soon Michigan may join the list of other states who have passed legislation checking the president’s power under the National Defense Authorization Act (NDAA) to indefinitely detain American citizens.
An Illinois appeals court has ruled that pharmacists may refuse to dispense the "morning-after pill" after a seven-year-long protracted legal battle involving two Illinois pharmacists who took issue with having to dispense the pills. Luke VanderBleek and Glen Kosirog, long-time Christians, sought a religious exemption from a 2005 executive order that directed all pharmacists to fill prescriptions for the morning after pill. The appeals court ruled in their favor on September 21.
The Department of Justice is under fire after a leaked terror training presentation aimed at state and local law enforcement revealed that police were being trained to be suspicious of popular bumper stickers including some opposing U.S. government participation in the scandal-plagued United Nations and one urging people to know their rights. Even Americans who hold what the document describes as beliefs that “represent a fairly popular point of view” — pro-life activists, for example — were included in the controversial terror manual.
A federal appeals court has given the Transportation Security Administration another six months to comply with the court's 14-month-old order to "promptly" hold public hearings on the use of nude body scanners used at airport security checkpoints, Wired, a science and technology magazine and online publication, reported Wednesday.
Salt Lake County (Utah) Mayor Peter Corroon has announced that for the November election his county will print ballots in Spanish.
But critics have pointed to the propensity of the bilingual ballot provisions to “balkanize” the country by creating regions where “language minorities” will have access to the electoral system denied to others who speak the same language, but live outside of “covered jurisdictions.”
Then there is the problem of discrimination accomplished by provisions purported to fight that very thing. Arbitrary population percentages that trigger the federal act’s mandate of bilingual ballots are an imprecise response to changing demographics and tend to favor Hispanics to the detriment of other ethnicities.
Some have pointed out that this federal favoritism violates the Equal Protection Clause of the 14th Amendment by denying people within covered jurisdictions of the equal protection of the laws.
The Government Accountability Office found that prior to the Department of Health and Human Services' July memorandum granting waivers of welfare work requirements, HHS had consistently held that it did not have the authority to grant such waivers.