NYC Judge: Government Must Stop Blocking ACORN Money

NEW YORK – (AP) A federal judge who found it unconstitutional that Congress tried to cut funding to the activist group ACORN has rejected a government request to change her mind and has ordered government agencies to make it clear the funding isn't blocked. In a written ruling Wednesday...

Split U.S. High Court Orders Disclosure Of Referendum Petitions

WASHINGTON, D.C. - (Mealey's) In general, disclosing referendum petitions does not violate the First Amendment to the U.S. Constitution, a divided U.S. Supreme Court ruled June 24 ( John Doe #1, et al. v. Sam Reed, et al. , No. 09-559, U.S. Sup.). "Plaintiffs contend that disclosure is not...

U.S. High Court Finds Portion Of Sarbanes-Oxley Act Unconstitutional

WASHINGTON, D.C. - (Mealey's) The formation and oversight structure of the Public Company Accounting Oversight Board (PCAOB), an independent administrative agency created under the Sarbanes-Oxley Act of 2002 (SOX), violates the U.S. Constitution, a 5-4 majority of the U.S. Supreme Court ruled June...

Judge Overturns California Gay Marriage Ban

SAN FRANCISCO - (AP) A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. Chief U.S. District Judge Vaughn Walker made his ruling in a...

Constitutional Challenge To Insurance Requirement Of Health Care Reform Act Dismissed

DETROIT - (Mealey's) A Michigan federal judge on Oct. 7 dismissed a constitutional challenge to the health insurance mandate/federal income tax penalty of the Health Care Reform Act, saying Congress has a right to try to eliminate cost-shifting by uninsured Americans ( Thomas More Law Center, et...

Feds Appeal Mass. Rulings Against U.S. Marriage Law

BOSTON - (AP) The U.S. Department of Justice on Tuesday defended the federal law defining marriage as between a man and a woman by appealing two rulings in Massachusetts by a judge who called the law unconstitutional for denying federal benefits to gay married couples. In two separate cases. . . . Full...

Judge Rules On Attorneys General Lawsuit Challenging Health Care Law; 2 Claims Remain

PENSACOLA, Fla. - (Mealey's) Two of six claims remain in a suit brought by attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) after a Florida federal judge issued his ruling Oct. 14 on a motion to dismiss brought by the federal government ( State of Florida, et al...

6th Circuit Finds Individual Mandate In Health Care Act Constitutional

CINCINNATI -- (Mealey's) The individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is a valid exercise of Congress' power under the commerce clause of the U.S. Constitution, a Sixth Circuit U.S. Court of Appeals panel held June 29 in affirming the dismissal of...

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing

NEWARK, N.J. - (Mealey's) A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician organization, saying that the plaintiffs failed to...

11th Circuit: Heath Care Reform Law's Individual Mandate Is Unconstitutional

ATLANTA - (Mealey's) A split 11th Circuit U.S. Court of Appeals panel on Aug. 12 reversed summary judgment involving the Patient Protection and Affordable Care Act but said the health care reform law's mandate that American buy health insurance or pay a penalty is unconstitutional ( State of...

Pennsylvania Federal Judge: Individual Mandate In Health Care Act Violates Constitution

HARRISBURG, Pa. -- A Pennsylvania federal judge on Sept. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is an unconstitutional extension of authority granted to the federal government under the U.S. Constitution's commerce clause ( Barbara...

State Net Capitol Journal: Supreme Court Weighs In On Major ‘Equal Protection' Cases

Last week was an historic one for the U.S. Supreme Court. The justices handed down rulings on three weighty issues that have been contested in statehouses across the country for decades: affirmative action, same-sex marriage and the Voting Rights Act. The decisions will reshape the meaning of the U.S...