Supreme Court Adopts Amendments To Federal Rules

RULES OF COURT Rule Amendments Fed. R. App. P. 1, 4, 29; Appellate Form 4; Fed. R. Civ. P. 8, 26, 56; Civil Form 52; Fed. R. Evid. 804 U.S. Orders of Apr. 28, 2010 The Supreme Court has approved amendments to the Federal Rules of Appellate Procedure, Civil Procedure, and Evidence, to take...

Feds Seek Dismissal Of Va. Health Reform Lawsuit

RICHMOND, Va. - (AP) President Barack Obama's administration on Monday asked a federal judge in Virginia to dismiss the state's lawsuit alleging Congress overstepped its constitutional bounds with the new health care reform law. Health and Human Services Secretary Kathleen Sebelius argued in...

Feds Object To 'Don't Ask, Don't Tell' Injunction

SAN DIEGO - (AP) Attorneys for the Obama administration objected Thursday to a proposed worldwide injunction being considered by a California federal judge that would halt the military's ban on openly gay troops. Calling the possible move "untenable," Department of Justice attorneys filed...

Federal Judge Dismisses States' Gun Lawsuit

HELENA, Mont. - (AP) A federal judge in Missoula has dismissed a lawsuit by gun rights advocates and states seeking freedom from federal gun laws, a move that the advocates promised to appeal. The decision Wednesday from U.S. District Judge Donald Molloy was expected since his magistrate a month ago...

U.S. High Court Hears Arguments On Vehicle Ownership Deduction Costs In Bankruptcy

WASHINGTON, D.C. -- A debtor who contends that the Bankruptcy Code provides for a deduction of vehicle ownership costs regardless of whether the debtor owns a vehicle and a creditor who objects to that deduction presented their arguments at the U.S. Supreme Court on Oct. 4, with both insisting that the...

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...

Ex-U.S. AGs Back Virginia Health Care Reform Lawsuit

RICHMOND, Va. - (AP) Three former U.S. attorneys general are supporting Virginia's lawsuit challenging the federal health care reform law. A friend-of-the-court brief filed Tuesday by Republicans William Barr, Edwin Meese and Dick Thornburgh supports Virginia Attorney General Ken Cuccinelli's...

Debit Card Issuer Sues Fed Chairman Over Fees

SIOUX FALLS, S.D. - (AP) TCF National Bank sued Federal Reserve chairman Ben Bernanke and the Fed's board of governors on Tuesday, saying regulations limiting the fees a bank can charge retailers for debit card transactions are unconstitutional. Minnesota-based TCF National, a subsidiary of TCF Financial...

Judge: Stop 'Don’t Ask, Don’t Tell Immediately

SAN DIEGO - (AP) A federal judge ordered the military Tuesday to immediately stop enforcing its ban on openly gay troops, bringing the 17-year "don't ask, don't tell" policy closer than it has ever been to being abolished. Justice Department attorneys have 60 days to appeal the injunction...

Judge: Lawsuit Over Health Overhaul Can Go To Trial

PENSACOLA, Fla. - (AP) Crucial pieces of a lawsuit challenging the Obama administration's health care overhaul can go to trial, with a judge ruling Thursday he wants to hear more arguments over whether it's constitutional to force citizens to buy health insurance. In a written ruling, U.S. District...

U.S. Seeks Delay In 'Don't Ask, Don't Tell' Ruling

WASHINGTON - (AP) The Justice Department asked a federal judge Thursday to allow the military's "don't ask, don't tell' policy to continue while it appeals her order to end the ban on gays serving openly. The government's court filing came two days after U.S. District Judge Virginia...

9th Circuit Extends Life Of Gay Military Policy

SAN FRANCISCO - (AP) A federal appeals court on Monday indefinitely extended its freeze on a judge's order halting enforcement of the military's "don't ask, don't tell" policy, heightening pressure on the Obama administration to persuade the U.S. Senate to repeal the law before...

Discharged Gay Veterans Sue For Reinstatement

SAN FRANCISCO - (AP) Three military veterans who were discharged under the law that prohibits gays from serving openly in uniform sued the government Monday to be reinstated and to pressure lawmakers to repeal the "don't ask, don't tell" law before a new Congress is sworn in. Full version...

Gulf Oil Spill Claims Process Coming Under Fire

NEW ORLEANS - (AP) President Barack Obama vowed during a White House speech last June that the $20 billion he helped coax out of BP for an oil spill compensation fund would take care of victims "as quickly, as fairly and as transparently as possible." Eight months later, that's not how...

Challenge To Health Care Reform Act Based On Religious Beliefs Dismissed

WASHINGTON, D.C. - (Mealey's) A District of Columbia federal judge on Feb. 22 dismissed a challenge to the Patient Protection and Affordable Care Act (PPACA), finding that Congress did not exceed its power in enacting the individual mandate provision and that the act did not violate the plaintiffs'...

Federal Court Tosses New Hampshire Man's Health Overhaul Lawsuit

CONCORD, N.H. - (AP) A federal court has thrown out a New Hampshire man's lawsuit challenging the constitutionality of the government's health care overhaul, saying he lacked standing to sue because his Medicare coverage will automatically satisfy the law's insurance mandate. Harold Peterson...

Federal Government Appeals Judge's Health Care Ruling

ATLANTA - (AP) The federal health care overhaul's core requirement to make virtually all citizens buy health insurance or face tax penalties is constitutional because Congress has the authority to regulate interstate business, the Justice Department said in its appeal of a ruling that struck down...

Supreme Court Casts Doubt On States' Global Warming Lawsuit

WASHINGTON, D.C. - (AP) The Supreme Court appeared deeply skeptical Tuesday about allowing states to sue electric utilities to force cuts in greenhouse gas emissions from power plants. Both conservative and liberal justices questioned whether a federal judge could deal with the complex issue of global...

High Court To Hear U.S. Passport Dispute Over Jerusalem

WASHINGTON, D.C. - (AP) The Supreme Court agreed Monday to hear an appeal from an American born in Jerusalem over whether he can have Israel listed as his birthplace on his passport even though U.S. policy does not recognize the once-divided city as belonging to Israel. The court is stepping into. ....

Feds Appeal Bankruptcy Court Ruling Against Gay Marriage Ban

SAN FRANCISCO - (AP) The Obama administration appealed a bankruptcy court ruling that found the federal ban on gay marriage unconstitutional. The Justice Department filed the appeal Monday, even though President Barack Obama said he agrees the Defense of Marriage Act is unconstitutional. Nevertheless...

9th Circuit Orders Government To State Position On 'Don't Ask, Don't Tell'

SAN DIEGO - (AP) A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the constitutionality of the policy in court. Monday's order comes less than...

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge the Patient Protection and Affordable Care Act...

Supreme Court Sides With Government In Dispute Over Public Domain Works

WASHINGTON, D.C. - (Mealey's) Congress did not exceed its authority in enacting Section 514 of the Uruguay Round Agreements Act (URAA), which extended protection to foreign works that would otherwise fall into the public domain, a divided U.S. Supreme Court ruled Jan. 18 ( Lawrence Golan, et al....

Supreme Court Hears Arguments On Jurisdiction Of Federal Employees' Lawsuit

WASHINGTON, D.C. - (Mealey's) The U.S. Congress, through the Civil Service Reform Act (CSRA), did not revoke the district courts' jurisdiction over lawsuits brought by federal employees seeking to declare acts of Congress unconstitutional, the attorney representing four former federal employees...