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☆ Supreme Court rejected military chaplains' lawsuit saying their careers were ruined after refusing the COVID-19 vaccine
▼ + stars: | 2024-05-01 | by ( Patricia Kime | ) www.businessinsider.com time to read: +5 min

The Supreme Court denied military chaplains' lawsuit claiming retaliation for refusing the COVID-19 vaccine. The appellate court ruled that the Defense Department's decision in January 2023 to rescind the vaccine mandate rendered the chaplains' case moot. The Defense Department was later ordered to pay $1.8 million in legal fees as settlement for two lawsuits over the mandate. An aeromedical technician fills a syringe with the COVID-19 vaccine at the Pittsburgh International Airport Air Reserve Station in Pennsylvania. US Air Force photo by Joshua J. SeybertThe Defense Department began requiring service members to get the COVID-19 vaccine in August 2021.

Persons: —, recrimination, Mauricio Campino, Israel Alvarado, Joshua J, Johnson Organizations: Defense Department, Service, Appeals, Fourth Circuit, Defense, Airmen, Dover Air Force Base, US Air Force, Austin, Pentagon, Navy, Fifth Circuit, US, The Defense Department, Pittsburgh International Airport Air Reserve, Moderna, Pfizer, Johnson, Air Force, Space Force Locations: Delaware, Israel Alvarado et, Pennsylvania, COVID, China

☆ Federal appeals court blocks West Virginia from enforcing anti-trans sports ban against 13-year-old girl
▼ + stars: | 2024-04-16 | by ( Devan Cole | ) edition.cnn.com time to read: +4 min

CNN —A federal appeals court ruled Tuesday that West Virginia cannot enforce its anti-transgender sports ban against a 13-year-old girl, dealing a blow to one of nearly two dozen such laws enacted by GOP-led states in recent years. We hold it cannot,” Circuit Judge Toby Heytens wrote in the decision, which was joined by Judge Pamela Harris. Signed into law by West Virginia Republican Gov. The court’s majority said the law violates Pepper-Jackson’s rights under Title IX, a federal law that prohibits discrimination on the basis of sex at schools that receive federal aid. The federal judge who initially blocked the law in 2021 reversed course last year and sided with state officials.

Persons: Becky Pepper, Jackson, Toby Heytens, Pamela Harris, Jim Justice, Pepper, “, ” Heytens, Steven Agee, Roy Rochlin, Agee, Clarence Thomas, Samuel Alito, Joshua Block, ” Block, Patrick Morrisey, ” Organizations: CNN, GOP, Appeals, ”, Republican, West Virginia Republican Gov, Lambda Legal, Conservative, American Civil Liberties Union, West Virginians, West Virginia Locations: Virginia, New York City, West Virginia

☆ Courts Strike Down Gun Control Measures in Two States
▼ + stars: | 2023-11-23 | by ( David W. Chen | More About David W. Chen | ) www.nytimes.com time to read: +1 min

In the wake of a landmark U.S. Supreme Court decision last year that significantly limits what the government can do to restrict guns, states led by Democrats have scrambled to circumvent or test the limits of the ruling. A few have approved new gun restrictions. Oregon even passed a ballot initiative to ban high-capacity ammunition magazines. But this week, supporters of the new gun measures suffered a pair of setbacks, underscoring the rippling effect of the court’s decision. On the same day, a state judge in southeastern Oregon concluded that a ballot initiative approved by voters in 2022 that would prohibit high-capacity magazines and require background checks and training to obtain gun permits violated the State Constitution.

Organizations: Supreme, Democrats, U.S ., Appeals, Fourth Circuit Locations: U.S, Oregon, Richmond , Va, Maryland

Biden nominated Nicole Berner, the general counsel of the Service Employees International Union, for the Fourth Circuit Court of Appeals. Adeel Mangi, Biden's nominee for the Third Circuit Court of Appeals, would be the first Muslim-American circuit court judge, if confirmed. White House counsel Ed Siskel noted that the nominees include "four women, two nominees from a state represented by Senate Republicans, and three historic first nominees." The White House said Biden has ”set records when it comes to professional diversity, appointing more civil rights lawyers and public defenders than any previous president." The White House says that it is just getting started and that more judicial appointments are in the works.

Persons: Joe Biden, Biden, Nicole Berner, Berner, court's, Adeel, Cristal Brisco, Gretchen Lund, Amy Baggio, Ed Siskel, ” Siskel, Ketanji Brown Jackson, Democrats —, Donald Trump Organizations: WASHINGTON, Wednesday, Democratic, Service Employees International Union, Fourth, Appeals, Senate, Third, Northern District of Indiana, District of, District of Oregon ., Senate Republicans, Supreme, Democrats, Republican, Trump, Biden Locations: U.S, Northern District, District of Oregon

Circuit Court of Appeals heard oral arguments in cases Thursday involving the coverage of gender-affirming care by North Carolina’s state employee health plan and the coverage of gender-affirming surgery by West Virginia Medicaid. During the proceedings, at least two judges said it’s likely the case will eventually reach the U.S. Supreme Court. Both states appealed separate lower court rulings that found the denial of gender-affirming care to be discriminatory and unconstitutional. “West Virginia is entitled to deference where they're going to take their limited resources," he said. Chambers certified the lawsuit as a class action, covering all transgender West Virginians who participate in Medicaid.

Persons: it’s, Tara Borelli, —, Borelli, John Knepper, Knepper, “, Caleb David, Virginia's, ”, Chuck Chambers, Huntington, Chambers, Patrick Morrisey Organizations: —, Circuit, Virginia Medicaid, U.S, Supreme, Lambda, Constitution, World Professional Association for Transgender Health, West, U.S . Centers, Medicare, Services, District, Affordable, West Virginians, West Virginia Inc, Public Employees Insurance Agency, West Virginia Republican, “ Locations: CHARLESTON, W.Va, North Carolina, West Virginia, Richmond, North Carolina’s, Virginia, U.S, “ West Virginia

In the latest challenge to the role race may play in school admissions, a legal activist group asked the Supreme Court on Monday to hear a case on how students are selected at one of the country’s top high schools, Thomas Jefferson High School for Science and Technology. A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled in May that Thomas Jefferson, a public school in Alexandria, Va., did not discriminate in its admissions. The Pacific Legal Foundation, a libertarian law group, wants the Supreme Court to overturn that decision, arguing that the school’s new admissions policies disadvantaged Asian American applicants. At issue is the use of what the school board said were race-neutral criteria to achieve a diverse student body. “This is the next frontier,” Joshua P. Thompson, a lawyer with the Pacific Legal Foundation, has said of the litigation.

Persons: Thomas, Thomas Jefferson, Joshua P, Thompson Organizations: Thomas Jefferson High School for Science, Technology, U.S ., Appeals, Fourth Circuit, Pacific Legal Foundation, Harvard, University of North Locations: Alexandria, Va, University of North Carolina

☆ Mountain Valley Pipeline Halted as Legal Wrangling Heats Up
▼ + stars: | 2023-07-12 | by ( Coral Davenport | More About Coral Davenport | ) www.nytimes.com time to read: +1 min

The LatestA federal court in Richmond has halted construction of the Mountain Valley Pipeline, setting off a battle with Congress that could end up at the Supreme Court. It was a highly unusual provision that was tucked into legislation that had nothing to do with pipelines — the law to raise the debt ceiling. Congress also included provisions to expedite construction of the pipeline and insulate it from judicial review. Those elements were added as a concession to Senator Joe Manchin III, the West Virginia Democrat whose vote has been crucial to President Biden’s domestic agenda. But environmentalists, Democratic members of the Virginia congressional delegation and some constitutional law experts argue that by directing a change in courts, Congress has violated the separation of powers clause in the Constitution.

Persons: Joe Manchin III, Biden’s Organizations: Supreme, U.S, Appeals, Fourth Circuit, Congress, U.S ., District of Columbia Circuit, West Virginia Democrat, Democratic Locations: Richmond, West Virginia, Virginia

☆ Virginia Tech’s Bias Response Team and the First Amendment
▼ + stars: | 2023-06-12 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

Journal Editorial Report: The week's worst and best from Kim Strassel, Bill McGurn, Mary O’Grady and Dan Henninger. Images: AFP/Getty Images Composite: Mark KellyThe advertising catchphrase “see something, say something” calls to mind suspicious packages that might be bombs. At Virginia Tech, that slogan applies to the school’s official Bias Intervention and Response Team, or BIRT. Hokies are encouraged to report one another’s ill-considered opinions or crass jokes. On May 31 the Fourth Circuit Court of Appeals declined to end this, but a dissent by veteran Judge J. Harvie Wilkinson III is a persuasive signal flare for the Supreme Court to take the case and defend free speech.

Persons: Kim Strassel, Bill McGurn, Mary O’Grady, Dan Henninger, Mark Kelly, BIRT, Judge J, Harvie Wilkinson Organizations: Getty, Virginia Tech, Hokies

☆ Manchin's Mountain Valley Pipeline would get the green light debt ceiling deal
▼ + stars: | 2023-05-31 | by ( Ella Nilsen | ) edition.cnn.com time to read: +6 min

The conservative Democrat from West Virginia, who has been critical of the Biden administration’s environmental goals, praised the White House and congressional Republicans this week. “All of a sudden, [the White House] did their job, they negotiated. Manchin has been critical of Biden's climate goals, but praised the White House and congressional Republicans this week for their work on the debt ceiling deal. White House officials backed Manchin’s effort last year, and climate and energy officials – including White House senior adviser John Podesta and Energy Secretary Jennifer Granholm – voiced support for approving the pipeline more recently. A Hail Mary effort to remove itThere could be a last-ditch effort to undo the pipeline piece of the debt ceiling bill.

Persons: CNN — Sen, Joe Manchin’s, Virginia –, Manchin, Kevin McCarthy, ” Manchin, “, Joe Biden’s, Justin Pearson, Kent Nishimura, Biden, ”, Abdullah Hasan, West Virginia’s Marcellus, James Van Nostrand, John Podesta, Jennifer Granholm –, Chuck Schumer, Mary, Sen, Tim Kaine, “ Sen, Kaine Organizations: CNN, Democratic, Democrat, Biden, White, Republicans, West, Appeals, Fourth Circuit, Keck, Environmental, Los Angeles Times, West Virginia University, White House, Energy, DC, Senate, Virginia Democrats, House, Republican, Kaine Locations: West Virginia, Virginia, Tennessee, clawing, West, Utica, Texas

☆ Joe Manchin is set to get a big win out of the debt ceiling deal on a gas pipeline that Virginia Democrats and environmentalists hate
▼ + stars: | 2023-05-31 | by ( Eliza Relman | ) www.businessinsider.com time to read: +4 min

Sen. Joe Manchin, a West Virginia Democrat, has long pushed for a controversial gas pipeline. The debt ceiling deal will likely force federal agencies to approve the project's remaining permits. The Democrat and his fellow West Virginia lawmakers have for years pushed for the completion of a controversial 303-mile pipeline that would carry Appalachian shale gas from northwestern West Virginia to southern Virginia. Virginia's Democratic lawmakers are staunchly opposed to the pipeline provision. He plans to file an amendment to remove this harmful Mountain Valley Pipeline provision."

Persons: Sen, Joe Manchin, —, Joe Biden, Kevin McCarthy, Manchin, McCarthy, Manchin didn't, Virginia Sens, Tim Kaine, Mark Warner, Kaine, Jennifer McClellan, Kaine doesn't, John Podesta, Tim Kaine's Organizations: West, West Virginia Democrat, Service, Democrat, Republicans, Democratic, Appeals, Circuit, Democratic House, Washington Post Locations: West Virginia, Virginia, America

☆ Debt Deal Includes a Green Light for a Contentious Pipeline
▼ + stars: | 2023-05-30 | by ( Coral Davenport | Brad Plumer | ) www.nytimes.com time to read: +1 min

The bill includes some other small steps aimed at getting energy projects of all types approved more quickly by modifying federal permitting policies under the National Environmental Policy Act. But opponents of the pipeline argue that completion was far from certain as several court cases are pending. A provision in the debt deal could deem those challenges moot, and would block any future lawsuits. The agreement would order federal agencies to approve any outstanding permits for the pipeline within 21 days and exempt those permits from judicial review. “This is an unprecedented end run around the courts, which have repeatedly rejected permits over M.V.P.’s failure to comply with basic environmental laws,” said Ben Jealous, executive director of the Sierra Club, which has challenged several permits related to the pipeline.

Persons: ”, Ben Jealous Organizations: National Environmental, White, Pipeline, U.S ., Appeals, Fourth Circuit, District of Columbia Circuit, Sierra Club Locations: Richmond, M.V.P

☆ The Supreme Court allowed a transgender girl to continue playing sports, but a Samuel Alito and Clarence Thomas dissent signals their willingness to review the hot-button issue
▼ + stars: | 2023-04-06 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +4 min

The Supreme Court allowed a transgender girl to continue playing on her school's girls track team. Yet two conservative justices — Samuel Alito and Clarence Thomas — dissented from the decision, suggesting the court may soon wade into the Republican-led culture war over trans athletes. Her lawyers argued that the ban violated the Constitution's 14th Amendment, which guarantees equal protection, as well as Title IX, the 1972 federal law that prohibits sex-based discrimination. West Virginia then turned to the Supreme Court to lift that ruling. "Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation."

☆ Joe Manchin Gets Another Blow
▼ + stars: | 2023-04-05 | by ( The Editorial Board | ) www.wsj.com time to read: 1 min

Joe Manchin must feel as afflicted as Job. As the Biden Administration undermines the provisions the West Virginia Senator negotiated in return for his vote last year for the Inflation Reduction Act, a Fourth Circuit Court of Appeals panel on Monday struck down another permit for the Mountain Valley Pipeline. The 304-mile pipeline has been stuck in regulatory and legal purgatory for several years. It aims to deliver natural gas from Appalachia’s Marcellus and Utica shale deposits to the mid- and south-Atlantic regions. Although the pipeline is more than 90% complete, a three-judge Fourth Circuit panel keeps blocking permits needed to finish it.

☆ How an obscure legal doctrine called the Henderson test could weaken Section 230 and change free speech on the internet
▼ + stars: | 2023-02-25 | by ( Lauren Feiner | ) www.cnbc.com time to read: +6 min

The so-called "Henderson test" would significantly weaken the power of Section 230 of the Communications Decency Act, several experts said in conversations and briefings following oral arguments in the case Gonzalez v. Google . One way the Supreme Court could undercut Section 230 is by endorsing the Henderson test, some advocates believe. The Henderson test came about from a November ruling by the Fourth Circuit appeals court in Henderson v. The Source for Public Data. In other words, once Public Data made changes to the information it pulled, it became an information content provider. Google pointed to the parts of its brief in the Gonzalez case that discuss the Henderson test.

☆ North Carolina ban on false campaign statements likely unconstitutional, court rules
▼ + stars: | 2023-02-08 | by ( ) www.reuters.com time to read: +2 min

Feb 8 (Reuters) - A federal appeals court ruled on Wednesday that a decades-old North Carolina law making it a crime to publish false derogatory statements about a candidate in an election was likely to be unconstitutional. A local district attorney disagreed, and in 2022, a prosecutor told Stein's campaign office that a grand jury was being convened to bring charges against Stein. Stein sued the district attorney in a federal district court, which denied his request for a preliminary injunction to stop the grand jury proceedings. On Wednesday, a three-judge panel in the U.S. Court of Appeals for Fourth Circuit granted the preliminary injunction, and ordered the district court to continue the proceedings consistent with the opinion issued on Wednesday. The panel was unanimous in finding the law likely violated the free speech protections of the U.S. Constitution's First Amendment in two ways.

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