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Appeals court hears challenge to health care law
Court Watch |
2011/09/24 16:48
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A conservative-leaning panel of federal appellate judges raised concerns about President Barack Obama's health care overhaul Friday, but suggested the challenge to it may be premature.
The arguments at the U.S. Court of Appeals in Washington over a lawsuit against Obama's signature domestic legislative achievement focused on whether Congress overstepped its authority in requiring people to buy health insurance or pay a penalty on their taxes, beginning in 2014.
But Judge Brett Kavanaugh, a former top aide to President George W. Bush who appointed him to the bench, said that he has a "major concern" that courts might not be able to rule on the law's constitutionality until 2015. That's because a federal law bars most challenges to tax-related legislation before the tax or penalty is paid.
A federal appeals court in Richmond cited that law in throwing out another challenge to the overhaul. Two other appeals courts have reached differing conclusions — one declaring the law unconstitutional and the other upholding it. The Supreme Court is expected to weigh in and could possibly even decide to review the law before the Washington circuit issues an opinion. |
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Appeals court in Va. tosses 2 Abu Ghraib lawsuits
Court Watch |
2011/09/21 15:52
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A federal appeals court in Virginia has dismissed two lawsuits by former Iraqi detainees who claimed they were tortured at the Abu Ghraib prison.
A divided three-judge panel of the 4th U.S. Circuit Court of Appeals agreed Wednesday with two contractors who claimed immunity because they were doing the government's work in providing interrogators and translators to the U.S.-run prison near Baghdad.
In one of the cases, four Iraqis claimed they were abused by interrogators employed by CACI International Inc. The other lawsuit was filed by 72 Iraqis against L-3 Services, which provided translators at Abu Ghraib and other prisons.
The appeals court's ruling reversed decisions by federal judges in Alexandria, Va., and Greenbelt, Md., who had rejected the contractors' immunity claims. |
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Court halts Texas execution of ex-Army recruiter
Court Watch |
2011/09/20 15:53
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A former Army recruiter who for the third time this year was hours away from his scheduled execution for the rape-slaying of a woman in Fort Worth nearly 10 years ago was granted yet another reprieve by the U.S. Supreme Court on Tuesday.
Cleve Foster, 47, was set to die Tuesday evening in Huntsville.
The high court twice earlier this year stopped Foster's scheduled lethal injection. The latest court ruling came about 2½ hours before Foster could have been taken to the Texas death chamber.
Foster was meeting with one of his lawyers in a small holding cell a few feet from the death chamber when a Texas Department of Criminal Justice spokesman delivered the news.
"He thanked God and pointed to his attorney, saying this woman helped save his life," prison spokesman Jason Clark said.
He also said Foster repeated his insistence that he was innocent. |
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Court sets aside class-action suit by Costco women
Court Watch |
2011/09/17 15:53
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Citing the U.S. Supreme Court's recent Walmart ruling, a federal appeals court set aside - but did not dismiss - a class-action suit by more than 700 women who accused discount retailer Costco of using an "old-boys' network" to bypass them for promotions.
A federal judge in San Francisco ruled in 2007 that the women had presented enough evidence of a "common culture" at Costco to proceed with a single nationwide suit against the company, rather than file individual claims.
The Ninth U.S. Circuit Court of Appeals overturned that decision Friday, relying in part on the Supreme Court's ruling in June dismissing a class action against Walmart by as many as 1.5 million female employees. The high court said the women had failed to show a company-wide policy that allegedly led to gender-based disparities in pay and promotions.
Likewise, the appeals court said, the Costco plaintiffs have not yet shown that they have enough in common to justify a class action.
The court said opposing expert witnesses disagreed about a central issue - whether the company promoted women less often than men in all regions or only a few - and said U.S. District Judge Marilyn Hall Patel should have resolved the dispute before letting the case proceed. |
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