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The Consumer Financial Protection Bureau headquarters in Washington, D.C., on May 14, 2021. The Supreme Court ruled Thursday that the funding structure of the Consumer Financial Protection Bureau is legal. The court in a 7-2 decision rejected an argument that the CFPB's funding method violated the U.S. Constitution's Appropriations Clause because Congress had not annually authorized money for the agency. Instead, Congress authorized the CFPB to draw funding from the Federal Reserve system that the agency's director deems necessary for its work. The majority's ruling reversed a decision by the 5th Circuit U.S. Court of Appeals, which found the CFPB's funding mechanism was unconstitutional.

Persons: Clarence Thomas, Thomas, John Roberts, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Samuel Alito, Neil Gorsuch, Thursday's, Alito groused Organizations: Consumer Financial, Washington , D.C, Federal Reserve, Federal, System, 5th Circuit U.S, of Appeals, Community Financial Services Association of America, Consumer Service Alliance of Texas Locations: Washington ,

☆ Hunter Biden gun case: Appeals court refuses to toss Delaware case
▼ + stars: | 2024-05-09 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

A federal appeals court on Thursday rejected a request by Hunter Biden to toss the pending criminal gun case against him, saying that his appeal was premature. The ruling clears the way for Hunter Biden's trial in the case to start on June 3 in U.S. District Court in Delaware. Biden is the son of President Joe Biden. The appeals panel, whose decision was unanimous, did not rule on the merits of Biden's arguments that the indictment should be dismissed. If Biden is convicted at trial, he could renew the arguments for dismissal with the same appeals court that it declined to consider in its order Thursday.

Persons: Hunter Biden, Joe Biden, Hunter Biden's, Biden, Abbe Lowell, Lowell, Maryellen Noreika Organizations: Republican, O'Neill, 3rd Circuit U.S, Circuit, Supreme, U.S, District, Republicans Locations: Washington , U.S, U.S, Delaware, Congress

☆ FTX founder Sam Bankman-Fried appeals fraud conviction, 25-year prison sentence
▼ + stars: | 2024-04-11 | by ( Dan Mangan | ) www.cnbc.com time to read: +1 min

Sam Bankman-Fried, the founder of bankrupt cryptocurrency exchange FTX, arrives at court as lawyers push to persuade the judge overseeing his fraud case not to jail him ahead of trial, at a courthouse in New York, August 11, 2023. A lawyer for FTX founder Sam Bankman-Fried on Thursday filed a notice of appeal of his federal fraud and conspiracy conviction and his 25-year prison sentence. Bankman-Fried, 32, was convicted at trial in November of seven fraud and conspiracy counts related to misappropriating around $10 billion in customer money. The Manhattan U.S. Attorney's Office said Bankman-Fried oversaw a conspiracy that looted customer funds to make investments and fund political donations to Democrats and Republicans. He also used the swindled funds for personal expenses and to repay loans taken out by Alameda Research, prosecutors said.

Persons: Sam Bankman, Fried, Alexandra Shapiro Organizations: Alameda Research, Prosecutors, 2nd Circuit U.S, of Appeals, Circuit, U.S, Supreme, Manhattan U.S, Attorney's, Republicans Locations: New York, U.S, Manhattan

☆ Appeals court will rehear challenge to Nasdaq board diversity rule, putting mandate at risk
▼ + stars: | 2024-02-20 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

A federal appeals court agreed to rehear a challenge by two conservative groups to Nasdaq's board diversity rule related to the disclosure of women and minority membership on boards of companies listed on the stock exchange. The 5th Circuit U.S. Court of Appeals, in its order Monday night setting a rehearing, also vacated a decision in October upholding the Nasdaq rule by a three-judge panel from the appeals court, which encompasses Texas, Louisiana, and Mississippi. The Nasdaq rule requires companies to disclose details about the diversity of their boards of directors, and to either have a minimum number of women and minorities on their boards or explain why they do not. "NASDAQ's rule promotes racial discrimination and polarizing personal disclosures and it is to be hoped that this rule is struck down," Blum said. The SEC and Nasdaq did not immediately respond to requests for comment on the rehearing order.

Persons: Edward Blum, " Blum, Margaret Little Organizations: Times, NASDAQ, 5th Circuit U.S, of Appeals, Nasdaq, Securities, Exchange, Alliance for Fair, National Center for Public Policy Research, Fifth Circuit, SEC Locations: New York City, Texas, Louisiana, Mississippi

☆ Trader Joe's appeals dismissal of lawsuit claiming labor union violated trademark
▼ + stars: | 2024-02-09 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

The appeal, filed Thursday, comes nearly a month after the judge accused Trader Joe's of trying to "weaponize the legal system to gain an advantage in an ongoing labor dispute" against the Trader Joe's United union. Trader Joe's, a lawyer for the company, and a spokeswoman for Trader Joe's United did not immediately respond to requests for comment about the company's filing at the 9th Circuit U.S. Court of Appeals. Trader Joe's Union logo pictured on pins. "Trader Joe's maintains that this is a purely commercial dispute and that the Union's designs are causing consumer confusion and diluting the Trader Joe's family of trademarks," Vera wrote. The Trader Joe's Union Logo Trader Joe's

Persons: Joe Raedle, Joe's, Trader Joe's, Hernan Vera, Vera, Norris Organizations: Getty, Trader Joe's United, Trader, 9th Circuit U.S, Appeals, tote, National Labor Relations Board, LaGuardia, Union Locations: Hadley , Massachusetts, Minneapolis, Los Angeles

The 11th Circuit U.S. Court of Appeals has scheduled oral arguments in the case for March 27 in Atlanta. Attorneys for father and son Greg and Travis McMichael and their neighbor, William “Roddie” Bryan, are asking the court to throw out hate crime convictions returned by a jury in coastal Brunswick in 2022. Bryan joined the chase in his own truck and recorded Travis McMichael shooting Arbery at close range with a shotgun. The McMichaels and Bryan stood trial on hate crime charges in U.S. District Court less than three months after all three were convicted of murder in a Georgia state court. Also pending are appeals by all three men of their murder convictions in Glynn County Superior Court.

Persons: Ahmaud Arbery, Greg, Travis McMichael, William “ Roddie ” Bryan, Bryan, Arbery, Greg McMichael, Travis McMichael's, Julian Bond, ”, McMichaels Organizations: 11th Circuit U.S, Appeals, Prosecutors, Blacks, Court Locations: SAVANNAH, Ga, Georgia, Atlanta, Brunswick, Arbery, U.S, Glynn County

☆ Alabama Prepares to Carry Out First Execution by Nitrogen Asphyxiation
▼ + stars: | 2024-01-25 | by ( Jan. | At A.M. | ) www.usnews.com time to read: +5 min

By Jonathan Allen(Reuters) - Alabama plans to carry out the first known judicial execution of a prisoner using asphyxiation with nitrogen gas on Thursday evening, a closely watched new method the state hopes to advance as a viable, simpler alternative to lethal injections. Kenneth Smith, convicted of a 1988 murder-for-hire, is a rare prisoner who has already survived one execution attempt. In November 2022, Alabama officials aborted his execution by lethal injection after struggling for hours to insert an intravenous line's needle in his body. A canister of pure nitrogen will be attached to the mask, intended to deprive him of inhaling any oxygen. Jeff Hood, spiritual adviser to Smith, who will be at Smith's side, had to sign a form acknowledging the risk that the execution method poses to others.

Persons: Jonathan Allen, Kenneth Smith, Smith, gurney, Jeff Hood, Maya Foa, Foa, Elizabeth Sennett, Charles Sennett, Mama, Diane Craft Organizations: Reuters, United Nations, 11th Circuit U.S, Appeals, U.S, Supreme, Besides Alabama, Holman Correctional Facility Locations: Alabama, U.S, Besides, Oklahoma, Mississippi, New York

☆ With a Mask and Nitrogen Tank, Alabama Pioneers Execution Method
▼ + stars: | 2024-01-24 | by ( Jan. | At P.M. | ) www.usnews.com time to read: +4 min

By Jonathan Allen(Reuters) - If federal courts give the green light, Alabama plans on Thursday to pioneer the first new method of judicial execution since lethal injections were introduced in 1982. "If this execution is successful then we're going to see nitrogen hypoxia take off across the country," said Rev. Smith is scheduled to be the first prisoner subjected to the method, which Alabama refers to as 'nitrogen hypoxia,' on Thursday evening at Alabama's Holman Correctional Facility. Alabama Solicitor General Edmund LaCour told federal judges last week that the state has since developed "the most painless and humane method of execution known to man." This is the first time he has had to sign a form acknowledging the risk that an execution method poses to others in the execution chamber.

Persons: Jonathan Allen, Jeff Hood, Kenneth Smith, Elizabeth Sennett, Smith, Kenny, Hood, Edmund LaCour, We're, Stéphanie Boucher, Paul Thomasch, Diane Craft Organizations: Reuters, Alabama Department, Corrections, Alabama's Holman Correctional Facility, 11th Circuit U.S, Alabama, Veterinary Medical Association, Worth, Allegro Industries, Allegro's, Walter Surface Technologies Locations: Alabama, . Oklahoma, Mississippi, New York, South Carolina, Allegro's Canada

Joe Tacopina, Attorney for former President Donald Trump, leaves Federal Court after the civil trial against former President Donald Trump at Manhattan on May 09, 2023 in New York City. A trial in that case ended with a Manhattan federal court jury finding Trump liable for sexually abusing Carroll and defaming her. On Monday, Tacopina filed a notice with the appeals court seeking the withdrawal of his law firm from the case. Also Monday, Tacopina filed a notice withdrawing from the Manhattan Supreme Court case where he was defending Trump on criminal charges of falsifying business records related to a hush money payment to the porn star Stormy Daniels. Trump, who denies having sex with Daniels, reimbursed Cohen for the payment and other related costs, which were recorded by the Trump Organization as legal expenses.

Persons: Joe Tacopina, Donald Trump, Joseph Tacopina, Tacopina, Trump, Crooked Joe Biden, Steven Cheung, E, Jean Carroll, Carroll, defaming, Stormy Daniels, Trump's, Michael Cohen, Daniels, Cohen Organizations: Manhattan, Trump, Iowa Republican, GOP, America, 2nd Circuit U.S, Appeals, Carroll, Manhattan Supreme, Trump Organization Locations: New York City, Iowa, New York, Manhattan

MINNEAPOLIS (AP) — The American Civil Liberties Union of South Dakota announced Monday that it is suing South Dakota over a state law that restricts content on vanity plates. Hart intended for the personalized license plate to refer to his business and its mission of promoting tribal sovereignty, the news release said. According to the complaint filed Friday, the state Department of Revenue denied Hart's application in 2022. Political Cartoons View All 1234 ImagesThe department used its authority to recall at least three personalized plates in 2022, the lawsuit says. It names both the state's Department of Revenue and the state's Motor Vehicle Division.

Persons: Lyndon Hart, REZWEED ”, ” Hart, Hart, Kendra Baucom, “ GAYPRIDE, ”, Georgia —, ___ Trisha Ahmed, @TrishaAhmed15 Organizations: American Civil Liberties Union of South Dakota, ACLU, South Dakota Motor Vehicle Division, of Revenue, state's Department of Revenue, Vehicle Division, Motor, U.S, 8th Circuit U.S, Appeals, state's, Motor Vehicles, Associated Press, America Statehouse News Initiative, America Locations: MINNEAPOLIS, South Dakota, U.S ., North Carolina, Delaware , Oklahoma, Georgia

The Supreme Court on Tuesday declined to hear arguments in a case challenging the Food and Drug Administration's authority to reject approvals of flavored electronic cigarettes. The FDA issues marketing denial orders to reject product applications. A spokesperson for the FDA did not immediately respond to a request for comment on the Supreme Court's decision. In 2016, the FDA determined that e-cigarettes were subject to its regulation, like traditional tobacco products. The agency gave companies until September 2020 to submit applications for approval of each of their vape products, even if they were already on the market.

Persons: Eric Heyer Organizations: Food, 4th Circuit U.S, Appeals, FDA, CNBC

Former Rep. Mark Meadows, R-N.C., speaks during a forum on House and GOP Conference rules for the 118th Congress, at the FreedomWorks office in Washington, D.C., on Monday, November 14, 2022. Mark Meadows, Donald Trump's former White House chief of staff, on Monday sought to pause an order rejecting his bid to move his Georgia criminal election interference case to federal court. In a court filing Monday morning, Meadows asked a federal judge — who last week declined to move the case out of state court — to stay that order pending an appeal. Meadows' attorney said that "given the urgency of the matter," he will ask the 11th Circuit U.S. Court of Appeals to pause the order unless the federal court grants his request for a stay. "While Mr. Meadows respectfully believes the Court erred, this Court need not agree to stay the Remand Order," his attorney wrote in the filing in U.S. District Court in Atlanta.

Persons: Mark Meadows, Donald Trump's, Meadows, — Organizations: GOP, 118th, Washington , D.C, White House, Circuit U.S, Appeals, Court Locations: Washington ,, Georgia, Atlanta

A spokesperson for Covington said the firm will "review the decision carefully and consider any next steps in consultation with our affected clients." Any final outcome could make it easier for the government to get information on law firm clients in the future, and law firms warn it could chill cooperation between the private sector and authorities investigating cyberattacks. The SEC had sought the names of all the nearly 300 companies affected, but Covington resisted identifying any clients. The agency said it needed the names to probe for securities law violations associated with the attack, arguing that Covington’s law firm status did not shield it from cooperating. Covington told the court a law firm’s clients are part of a “zone of privacy” protected by the U.S. Constitution and legal ethics rules.

Persons: Burling, Judge Amit Mehta, Covington, cyberattacks, Mehta, Andrew Goudsward, David Bario, Susan Heavey Organizations: Covington, Burling, U.S . Securities, Exchange Commission, U.S, SEC, Circuit U.S, of, Thomson Locations: Covington, Washington

☆ DOJ won't defend Trump in Carroll rape defamation case anymore
▼ + stars: | 2023-07-11 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

That effort, if it had been approved, would have killed Carroll's lawsuit because the government can shield itself from civil liability under the doctrine of sovereign immunity. The DOJ had not played a role in that lawsuit, as the alleged actions occurred outside of Trump tenure in the White House. "We are grateful that the Department of Justice has reconsidered its position," Carroll's lawyer, Roberta Kaplan, said in a statement. "Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll's original case in January 2024." The letter also said: "Moreover, the circumstantial evidence of Mr. Trump's subjective intent in making theallegedly defamatory statements does not support a determination in this case that he wassufficiently motivated by a desire to serve the United States Government."

Persons: Jean Carroll, Donald Trump, E, Carroll, Trump, Westfall, Donald J, Brian Boynton, Boynton, Roberta Kaplan, Kaplan, Jean Carroll's, Bergdorf Goodman, Bill Barr, District Judge Lewis Kaplan, Joe Biden Organizations: The, Justice, Trump, DOJ, Washington , D.C, ., White, Department, United States Government, Department of Justice, CNBC, U.S, District, 2nd Circuit U.S, of Appeals Locations: Manhattan, New York City, United States, New York, Trump, Washington ,, Washington, Columbia

☆ Senate confirms abortion rights lawyer to US appeals court
▼ + stars: | 2023-06-20 | by ( Andrew Goudsward | ) www.reuters.com time to read: +2 min

June 20 (Reuters) - A lawyer who argued on the losing side of the U.S. Supreme Court case that ended the national right to abortion won confirmation on Tuesday to a seat on a federal appeals court. The U.S. Senate confirmed Julie Rikelman, a top lawyer for the Center for Reproductive Rights, to the Boston-based 1st Circuit U.S. Court of Appeals by a vote of 51-43. Rikelman represented Mississippi's last remaining abortion clinic in urging the Supreme Court to reaffirm the constitutional right to abortion and strike down a state law that banned the procedure after 15 weeks of pregnancy. Rikelman's nomination drew opposition from Republicans, who questioned her abortion rights advocacy during a September 2022 Senate hearing and described her position on the issue as extreme. She is Biden’s third nominee to secure a seat on the court, whose active judges were all nominated by Democrats.

Persons: Julie Rikelman, Susan Collins of, Lisa Murkowski, Rikelman, Dobbs, Joe Biden, Biden, Rikelman's, Andrew Goudsward, David Bario Organizations: U.S, Supreme, U.S . Senate, Center for Reproductive, Circuit U.S, Jackson, Health Organization, Republicans, Center for Reproductive Rights, Thomson Locations: Boston, Susan Collins of Maine, Alaska, Mississippi's, New York

☆ Abortion fallout: Connecticut Supreme Court pick drops out due to Amy Coney Barrett letter
▼ + stars: | 2023-05-19 | by ( Dan Mangan | ) www.cnbc.com time to read: +1 min

Supreme Court nominee and U.S. Court of Appeals Judge Amy Coney Barrett on Capitol Hill in Washington, October 21, 2020. A federal prosecutor on Friday removed her name from consideration for a seat on the Connecticut Supreme Court after blowback from legislators over a 2017 letter she signed in support of Amy Coney Barrett, who is now a U.S. Supreme Court justice. The state expanded access to abortion on the heels of the controversial U.S. Supreme Court decision last summer in the case known as Dobbs v. Jackson Women's Health Organization. "Looking back and knowing what I now know, I shouldn't have signed it," Glover testified about the letter, which was signed by every U.S. Supreme Court clerk who worked during that court's 1998-99 term. At the time, Glover was a clerk that term for Justice Sandra Day O'Connor, and Barrett was a clerk for the late Justice Antonin Scalia.

May 18 (Reuters) - The U.S. Senate is expected to vote Thursday on whether to confirm President Joe Biden's nominee to a federal appeals court a day after Senator Joe Manchin became the first one of Biden's fellow Democrats to vote against one of his judicial picks. Her confirmation faced a new obstacle on Wednesday night when Manchin, a moderate Democrat, broke ranks to oppose advancing her nomination. Her nomination advanced Wednesday on a 50-48 vote after two Republican senators did not participate, teeing it up for final consideration by the full Senate. If Manchin again opposes Abudu during the final vote on her confirmation, Vice President Kamala Harris could be called in to break a tie. That court flipped to a majority of Republican-appointed judges under then-President Donald Trump, who picked six of the 11 active judges.

☆ Factbox: Jan. 6 report adds to Trump's mounting legal problems
▼ + stars: | 2022-12-23 | by ( Industry Insight | Saw Law Firms Move Past The Pandemic Into A More Client-Focused Service Environment | Thomson Reuters Institute | ) www.reuters.com time to read: +8 min

A New York judge ordered that an independent monitor be appointed to oversee the Trump Organization before the case goes to trial in October 2023. Trump asked Raffensperger to "find" enough votes needed to overturn Trump's election loss in Georgia. Legal experts said Trump may have violated at least three Georgia criminal election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud and intentional interference with performance of election duties. A Trump Organization lawyer has said it would appeal the decision, while Trump has defended his company's operations. Allen Weisselberg, the company's former chief financial officer, pleaded guilty and was required to testify against the Trump Organization as part of his plea agreement.

☆ Trump's legal team should have known better than to ask for a special master
▼ + stars: | 2022-12-05 | by ( Randy Zelin | Randy Zelin Is A Noted Trial Attorney With A Concentration In White Collar Criminal Defense As Well As Complex Civil Litigation Matters. He Is Also An Adjunct Law Professor At Cornell University. | ) www.nbcnews.com time to read: +7 min

Wanting a special master was right out of Trump’s stalling, obstructing and using the time to play the victim circus act. Team Trump could not muster the strength to jump over the first hurdle. Now that we know that Trump’s defense had no ground to stand on the first standard of proof, what about the other three? Well, the Trump Team could fare no better with the second or third one. Team Trump’s arguments were a sideshow.

The 11th Circuit also overturned Cannon's decision to bar investigators from accessing most of the records pending the review. Trump is likely to appeal the 11th Circuit's action to the conservative-majority U.S. Supreme Court. Cannon appointed Raymond Dearie, another federal judge, at Trump's request to review the records to consider whether any should be walled off from the criminal investigation. Trump sued two weeks after the Mar-a-Lago raid, arguing that his status as a former president required a third-party review of the documents. Justice Department lawyers also said Trump, as a former president, cannot invoke executive privilege for documents that belong to the current executive branch of the U.S. government.

A federal appeals court will hear arguments Tuesday as it looks to resolve a simmering procedural dispute in the Justice Department’s escalating investigation of former President Donald Trump’s handling of classified documents at Mar-a-Lago. Days after Attorney General Merrick Garland appointed a special counsel to take over the investigation, Justice Department attorneys are expected to urge the 11th Circuit U.S. Court of Appeals to end a document-vetting arrangement, instated by a lower court, that prosecutors have argued has slowed the investigation into the material the FBI seized from the Florida resort in August.

But Pryor mocked the notion that the 60,000-member professional organization was working "in the shadows" to reshape the courts. He also took aim at liberal commentators who frequently criticize the Federalist Society. He also took issue with criticism of society's role in the judicial nomination process. Leonard Leo, a long-time conservative legal activist, while serving as a Federalist Society executive helped compile a list of potential U.S. Supreme Court nominees that Trump drew from during his tenure. "Are there members of the Federalist Society who are involved in that process?

Supreme Court nominee and U.S. Court of Appeals Judge Amy Coney Barrett on Capitol Hill in Washington, October 21, 2020. The Supreme Court on Friday rejected a second request to block the Biden administration's student loan debt relief program. For now, student loan forgiveness remains on hold from a challenge brought by six GOP-led states. Since the White House unveiled its loan relief plan in August to cancel $10,000 for most student loan borrowers, and up to $20,000 for those who received Pell Grants for low-income families, it has faced at least six lawsuits. Close to 26 million Americans have already applied for student loan forgiveness, and the Biden administration has approved 16 million of the requests, the White House said Thursday.

☆ Supreme Court denies Sen. Lindsey Graham's bid to avoid testifying in Georgia election interference case
▼ + stars: | 2022-11-01 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

The Supreme Court on Tuesday denied a request by Sen. Lindsey Graham, R-S.C., to block a subpoena demanding his testimony before a Georgia grand jury investigating possible criminal interference in that state's 2020 presidential election. The subpoena to Graham calls for him to testify before the grand jury in Atlanta on Nov. 17. In its order Tuesday, the Supreme Court noted, "The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. " A day after that loss, Graham asked Thomas, the Supreme Court justice who has authority over emergency applications from 11th Circuit cases, to temporarily block the subpoena. "Secretary Raffensperger said that Senator Graham suggested that Georgia could discard or invalidate large numbers of mail-in ballots from certain areas," the filing said.

☆ Supreme Court Justice Clarence Thomas temporarily blocks Sen. Graham's subpoena from Georgia grand jury
▼ + stars: | 2022-10-24 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

Associate Justice Clarence Thomas during the formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. Supreme Court Justice Clarence Thomas on Monday temporarily blocked a subpoena demanding testimony from South Carolina Republican Sen. Lindsey Graham from a Georgia grand jury investigating election interference by former President Donald Trump. The hold on the subpoena came three days after Graham's attorneys asked Thomas to delay the senator's appearance before the grand jury, which is investigating possible criminal interference in Georgia's presidential election in 2020. On Thursday, a panel of judges on the 11th Circuit U.S. Court of Appeals unanimously rejected a request by Graham to temporarily block the subpoena. The conservative justice said the subpoena would be delayed pending further order by Thomas or the Supreme Court.

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