4th Circuit Court

En banc 4th Circuit revives emoluments lawsuit against Trump

The en banc 4th U.S. Circuit Court of Appeals at Richmond, Virginia, has revived a lawsuit claiming that President Donald Trump is violating the Constitution’s ban on presidents accepting emoluments from foreign states.

May 14, 2020 12:43 PM CDT

Afternoon Briefs: Female topless ban upheld; is requiring stamp on mail-in ballot a poll tax?

Judge upholds beach town’s female topless ban U.S. District Judge James Bredar has upheld a ban in Ocean City, Maryland, on women exposing their breasts in public. Bredar, an appointee of President Barack Obama, found no equal-protection violation. “Whether or not society should differentiate between male and female breasts is…

Apr 9, 2020 4:48 PM CDT

Afternoon Briefs: McGahn case to be heard by full DC Circuit; judge blocks food-stamp rule

Full DC Circuit to hear cases on McGahn subpoena, border wall The U.S. Court of Appeals for the District of Columbia Circuit has granted en banc review of two cases involving the ability of Congress to sue over disputes with the president. In one case, the appeals court will consider…

Mar 16, 2020 5:22 PM CDT

SCOTUS and other courts are restricting visitors or canceling proceedings amid coronavirus concerns

Some federal courts are changing or suspending some operations as a result of concerns about the coronavirus. The U.S. Supreme Court is among them.

Mar 12, 2020 12:15 PM CDT

DC Circuit tosses suit claiming Trump is violating emoluments clause

The U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that congressional Democrats do not have standing to sue President Donald Trump for alleged violations of the emoluments clause.

Feb 7, 2020 12:51 PM CST

Airmen who have HIV can continue to serve, appeals court rules

An appeals court has upheld an injunction blocking the U.S. Air Force from discharging two airmen because of their HIV-positive status.

Jan 13, 2020 1:08 PM CST

Does adding ‘.com’ to generic name create protectable trademark? Supreme Court to decide

The U.S. Supreme Court on Friday agreed to decide whether a generic word can be given trademark protection when it is part of a “.com” domain name.

Nov 11, 2019 12:02 PM CST

4th Circuit to reconsider claim that Trump is violating the emoluments clause

A federal appeals court on Tuesday agreed to an en banc rehearing in a suit claiming President Donald Trump is violating the Constitution’s ban on presidents accepting emoluments from foreign states. The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, had tossed the constitutional challenge in July. The unanimous…

Oct 15, 2019 5:15 PM CDT

2nd Circuit resurrects lawsuit against Trump hotel, properties

A federal appeals court has revived the first lawsuit President Donald Trump faced over claims that his business interests violate the U.S. Constitution.

Sep 13, 2019 3:26 PM CDT

Ban on political robocalls violates First Amendment, 9th Circuit rules

A Montana law that bans political robocalls is a content-based restriction that violates the First Amendment, a federal appeals court has ruled.

Sep 11, 2019 12:51 PM CDT

4th Circuit says US can be sued over background check failures in church shooting

A federal appeals court has ruled that the federal government can be sued for failing to uncover information about the Charleston, South Carolina, church shooter during a background check that would have barred him from being able to buy a gun from a licensed dealer before the mass shooting.

Sep 4, 2019 1:10 PM CDT

ABA urges Supreme Court to follow Miller standard for juvenile punishments

In an amicus brief filed Tuesday, the ABA urged the U.S. Supreme Court to recognize that juveniles’ “diminished culpability and greater prospects for reform” separate them from adults and that those whose crimes “reflect transient immaturity, rather than irreparable corruption” should not face life in prison.

Aug 28, 2019 12:55 PM CDT

As federal anti-hacking law turns 35, its meaning, reach and effectiveness are still murky

What had started as a pre-internet computer crime law affecting national security and finance has become a statute that prosecutors, plaintiff attorneys and defense counsels agree isn’t right for its time, and maybe never was. Even with broad agreement on the problem, however, the solution is less clear.

Aug 19, 2019 6:00 AM CDT

4th Circuit upholds search of home based on one web click

A federal appeals court has upheld a home search based on a single click to a website that posts child pornography videos.

Aug 5, 2019 10:30 AM CDT

Habitual drunkard law is struck down by full appeals court in closely divided opinion

An en banc appeals court has struck down Virginia’s habitual drunkard law in a closely divided opinion. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals ruled the law is unconstitutionally vague in an 8-7 opinion on Tuesday. The appeals court also said the law raised Eighth Amendment concerns that…

Jul 17, 2019 4:10 PM CDT