All articles tagged with #us court of appeals
A divided 5th U.S. Circuit Court of Appeals (2-1) upheld the Trump-era policy of detaining non-citizens arrested in immigration crackdowns without bond hearings, covering Texas and Louisiana. The ruling, the first appellate endorsement of the policy, comes despite hundreds of lower courts ruling it unlawful and could affect thousands of detainees as the issue may eventually reach the Supreme Court.
The Trump administration has appealed to the Supreme Court to block a lower court decision that would require the government to spend approximately $12 billion in foreign aid, arguing that it could cause irreparable diplomatic harm and override foreign policy judgments. The case involves disputes over congressional approval of foreign aid funds and is currently under review by the Supreme Court, with a decision expected soon.
The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the Justice Department in the case of TikTok, et al. v. Garland, supporting measures to prevent the Chinese government from using TikTok to collect sensitive data and manipulate content in the U.S. Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco emphasized the ruling's importance in protecting national security and data privacy, asserting that it aligns with constitutional principles.
The U.S. Court of Appeals for the 5th Circuit upheld the block on Texas's Senate Bill 4, which allows state officials to detain and deport migrants, stating that it significantly impairs federal immigration officials' discretion. The law will remain on hold while lawsuits challenging its constitutionality proceed. The decision comes amid a heated debate over border enforcement, with Texas Republicans accusing President Biden of weak policies and Democrats calling for bipartisan solutions.
A federal appeals court has ordered a new sentence for a Capitol rioter, retired Air Force officer Larry Rendall Brock, citing a misapplied sentencing enhancement that could impact other Jan. 6 cases. The court upheld Brock's conviction but said the judge wrongly applied an enhancement, potentially affecting over 100 other defendants. The ruling questions the application of the enhancement to interference with the certification of the electoral vote, distinguishing it from the "administration of justice." Brock, currently serving a two-year sentence, may seek a reduced punishment on re-sentencing.
A federal appeals court rejected Donald Trump’s claim of immunity from criminal prosecution in a case involving his alleged plot to overturn the 2020 election results, stating that a president does not have unbounded authority to commit crimes. The court's decision also dismissed Trump's argument that he could only be prosecuted if convicted in a Senate impeachment trial first. Trump has until February 12 to appeal to the US Supreme Court, and his legal strategy appears to focus on seeking delays to potentially influence the 2024 presidential election.
The U.S. Court of Appeals rejected former President Donald Trump's claim of presidential immunity in his federal election interference case, stating that he is now "citizen Trump" and subject to the same defenses as any other criminal defendant. The judges emphasized that a president does not have unbounded authority to commit crimes or violate citizens' voting rights. Trump plans to appeal the decision, arguing that without immunity, every future president leaving office could be immediately indicted by the opposing party. The case has been postponed, and Trump has until Feb. 12 to ask the Supreme Court to stay the ruling and take up the issue on an emergency basis.
Donald Trump has lost his latest appeal of the gag order imposed on him in the federal election interference criminal case, with the DC Circuit Court of Appeal declining to rehear the matter. The gag order forbids him from discussing witnesses and court staff, and he may seek relief from the Supreme Court. Meanwhile, the former president resumed online attacks against E Jean Carroll after her defamation trial against him was postponed due to Covid-19 concerns.
Former President Donald Trump is standing by his assertion of "total immunity" from criminal prosecution, prompting skepticism from legal experts and pushback from Republican rival Nikki Haley. Trump's comments come as an appeals court considers his bid to dismiss a federal election interference case. The court appeared wary of Trump's arguments, which claim that a president can't be criminally prosecuted for actions taken while in office unless impeached and convicted first. The case could ultimately reach the U.S. Supreme Court, as it raises unprecedented questions about presidential immunity from criminal charges.
Former President Donald Trump's claim of immunity from prosecution is criticized by legal experts as "very weak" and strategically flawed, with former prosecutors noting that no president is above the law and that Trump's argument has a "fatal flaw" given that he is the only president to face indictment. They predict that the U.S. Court of Appeals is unlikely to find him immune from criminal prosecution, and suggest that his tactics may backfire in the legal process.
The US Court of Appeals has ruled that Apple Watches capable of reading blood-oxygen levels cannot be imported into the US while Apple challenges a government decision that the devices infringe patents owned by medical technology company Masimo. The ruling means affected watches cannot be imported starting at 5 p.m. on Jan. 18 while Apple appeals the US International Trade Commission's ban. Apple has proposed a redesign that would allow it to import reconfigured versions of its latest Series 9 and Ultra 2 Apple Watches without violating the ITC's restrictions. Apple and Masimo have not yet commented on the decision.
The U.S. Court of Appeals has upheld a ban preventing Apple from selling watches with blood oxygen sensors due to an ongoing intellectual property dispute with medical device company Masimo. The ban affects the Apple Watch Series 9 and Ultra 2, but Apple may have received approval for a modified version without the blood oxygen feature. Masimo is open to settling with Apple, and the ban could complicate repairs at Apple stores.
In a long-running Nazi art restitution case, a U.S. Court of Appeals ruled in favor of a Spanish museum, allowing it to keep a valuable Pissarro painting that was surrendered by a Jewish woman to the Nazis in 1939. The court determined that Spanish law applies to the case, granting the museum ownership of the painting. The heirs of the original owner, who have been in a legal battle with the museum since 2005, plan to seek an en banc review. Despite the legal ruling, a judge expressed the belief that the museum still has a moral duty to return the painting.
A US Court of Appeals panel appeared sceptical of former President Donald Trump's claim of immunity from prosecution as an ex-chief executive during arguments in a Washington DC courtroom. The judges expressed doubt at Trump's attorneys' arguments, with one judge questioning whether a president could be immune from legal consequences for unlawful or unconstitutional actions. The case stems from criminal charges related to Trump's efforts to unlawfully remain in office after losing the 2020 election. The appeals court's decision could potentially impact the start date of Trump's trial and may lead to further appeals, including a potential review by the US Supreme Court.
A federal appeals panel expressed skepticism towards Donald Trump's argument for immunity from prosecution for his actions after the 2020 election, with judges questioning the potential extreme implications of absolute presidential immunity. Trump's lawyers argued for dismissal of his federal election subversion indictment, but the judges raised concerns about the dangerous path it could lead to, signaling overall skepticism of Trump's view. The hearing also delved into hypothetical scenarios and the jurisdiction of the appeals court to decide on presidential immunity at this point in the case. Trump's attorney argued for immunity, warning of a "Pandora's box" of indicting former presidents, while the special counsel's team emphasized the need for a mechanism to indict future ex-presidents if they attempt to stay in power despite losing an election.