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Biden makes history with 12th Senate-confirmed LGBTQ judge
  + stars: | 2024-09-19 | by ( ) www.nbcnews.com   time to read: +3 min
That surpassed the record of Democratic former President Barack Obama, who had secured the confirmation of 11 openly LGBTQ judges during his eight years in office. Only in the last three decades have presidents nominated openly gay people to the federal bench. Circuit Judge Alison Nathan joined the bench as a trial judge in Manhattan following her nomination by Obama. Circuit Judges Beth Robinson of the 2nd Circuit and Nicole Berner of the 4th U.S. The bulk of openly LGBTQ nominees have come from Democratic presidents, though Republican former President Donald Trump appointed two openly gay judges.
Persons: Joe Biden, Mary Kay Costello, Biden, Barack Obama, Lena Zwarensteyn, ” Zwarensteyn, Costello, Saul Ewing, Akin Gump Strauss Hauer, Feld, Judge Vaughn Walker, George H.W, George H.W . Bush, Deborah Batts, Bill Clinton, Alison Nathan, Obama, Nathan, Beth Robinson, Nicole Berner, Donald Trump Organizations: Democratic, Eastern District of Pennsylvania, Conference, Civil, Human, U.S . Air Force, Temple University, Attorney’s, Eastern, Former U.S, Republican, Gay, U.S, Circuit, Appeals, 2nd, NBC Locations: Philadelphia, Eastern District, San Francisco, George H.W ., Manhattan, New York City
Circuit U.S. Court of Appeals sounded unconvinced Monday that the TikTok “sale or ban” law, signed by President Joe Biden in April, was unconstitutional. TikTok and ByteDance have since condemned the practice and said that three employees involved were terminated, with an additional employee resigning. Pincus also said that the data TikTok collects from American users is anonymized and is comparable to other Chinese companies, like major e-commerce platforms. TikTok creators and users in the U.S. have responded overwhelmingly negatively to the proposed ban. Trump then expressed support for TikTok following Biden’s passage of the national security package that included the provision to ban TikTok.
Persons: Joe Biden, TikTok, , Andrew Pincus, , it’s, Pincus, Pincus didn’t, Judge Neomi Rao, ” Rao, Biden, Kamala Harris, Kamala, Donald Trump’s, TAYLOR SWIFT, ” Trump, Trump Organizations: Circuit U.S, Chinese Communist Party, Oracle, Forbes, Palestine Information Office, ByteDance, Justice Department, “ Biden Locations: U.S, Texas, Oracle’s U.S, China, Palestine, Tibet
Circuit Court of Appeals said plaintiff Corey McNellis could proceed with a bias lawsuit against the Douglas County School District because school administrators allegedly cited his “religious comments” about the play as the basis for his 2020 firing. Lawyers for McNellis and the school district did not immediately respond to requests for comment. During the email exchange with the theater director, McNellis wrote: “As a Christian I would love to collaborate with your project. The 10th Circuit agreed with Moore that McNellis had not made out plausible retaliation and free-speech claims, but said his bias claims could go forward. The case is McNellis v. Douglas County School District, 10th U.S.
Persons: Corey McNellis, Matthew Shepard, Veronica Rossman, Joe Biden, McNellis, , ” McNellis, Raymond Moore, Moore, Robert Bacharach, Barack Obama, Harris Hartz, George W, Bush Organizations: Circuit, Douglas County School District, Democratic, McNellis, U.S . Constitution, U.S . Constitution . U.S, District, Republican Locations: Colorado, Denver, Wyoming, U.S ., U.S . Constitution ., 10th U.S
US President Joe Biden speaks about student loan debt relief at Madison Area Technical College in Madison, Wisconsin, April 8, 2024. WASHINGTON — The Supreme Court on Wednesday rebuffed a Biden administration plea seeking to revive the latest plan to tackle federal student loan debt. The court in a brief order denied an emergency request filed by the administration seeking to lift a nationwide injunction imposed by an appeals court. The Education Department issued a regulation finalizing its Saving on a Valuable Education, or SAVE, plan in July 2023, the month after the Supreme Court ruled the administration lacked authority to implement Biden's earlier loan forgiveness program. They say it should be blocked for the same reason that the Supreme Court blocked Biden's earlier plan.
Persons: Joe Biden, WASHINGTON —, Biden, Elizabeth Prelogar Organizations: Madison Area Technical College, WASHINGTON, The Education Department, Valuable Education, Congress, Circuit, Education Department Locations: Madison , Wisconsin, Missouri
NEW ORLEANS — Distinct minority groups cannot join together in coalitions to claim their votes are diluted in redistricting cases under the Voting Rights Act, a divided federal appeals court ruled Thursday, acknowledging that it was reversing years of its own precedent. At issue was a redistricting case in Galveston County, Texas, where Black and Latino groups had joined to challenge district maps drawn by the county commission. Circuit Court of Appeals initially upheld the decision before the full court decided to reconsider the issue, resulting in Thursday’s 12-6 decision. “Nowhere does Section 2 indicate that two minority groups may combine forces to pursue a vote dilution claim,” Jones, nominated to the court by former President Ronald Reagan, wrote. “To reach its conclusion, the majority must reject well-established methods of statutory interpretation, jumping through hoops to find exceptions,” Douglas wrote.
Persons: Edith Jones, ” Jones, Ronald Reagan, , , Dana Douglas, Joe Biden, ” Douglas Organizations: Circuit, Supreme, Democratic, Republican, , Union Locations: Galveston County , Texas, New Orleans, Texas , Louisiana, Mississippi, Galveston
However, the rule “likely exceeds DOT’s authority and will irreparably harm airlines,” a three-judge panel of the Fifth U.S. American Airlines, Delta Air Lines, United Airlines, JetBlue, Alaska Airlines were among the airlines, joined by trade group Airlines for America and the International Air Transport Association, which sued in May to block the rules. The industry said the rule would require airlines to “spend millions” to re-engineer their websites, diverting resources from other projects. Many large US airlines boosted fees this year for checked baggage. U.S. airlines collected $7.1 billion in baggage fees in 2023, up from $6.8 billion in 2022.
Persons: Biden, Pete Buttigieg, Organizations: Reuters, Transportation, Fifth U.S, Circuit, Appeals, American Airlines, Delta Air Lines, United Airlines, JetBlue, Alaska Airlines, Airlines for, International Air Transport Association, , Microsoft Locations: Airlines for America
Kate Shaw, a contributing Opinion writer, hosted a written online conversation with Will Baude, a law professor at the University of Chicago, and Stephen Vladeck, a law professor at Georgetown and the author of “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic,” to reflect on the dramatic end to the Supreme Court term. Kate Shaw: This Supreme Court term ended on a shocking note with Trump v. United States. William Baude: I don’t think the outcome was a surprise, given the arguments and the breadth of the D.C. Circuit opinion, which rejected any claim of executive immunity rather than focusing on the specifics of the Trump case. But I remain confused about what the difference is between Justice Amy Coney Barrett’s quite sensible opinion and the much more sprawling majority opinion — Justice Barrett claims to agree with most of the majority opinion, but I don’t know if we should take that at face value!
Persons: Kate Shaw, Will Baude, Stephen Vladeck, , Trump, We’ve, William Baude, Amy Coney Barrett’s, Barrett Organizations: University of Chicago, Georgetown, Trump v . Locations: Republic, Trump v . United States
CNN —A federal appeals court ruled on Monday that white supremacist and nationalist groups will have to pay a more than $2 million in punitive damages to people who suffered physical or emotional injuries from the 2017 “Unite the Right” rally in Charlottesville, Virginia. In 2021, a jury ruled white nationalist leaders and organizations had to pay more than $26 million in damages to those who suffered injuries from the rally. The “Unite the Right” rally was a two-day event to protest the city’s plan to remove a statue of Confederate Gen. Robert E. Lee. Circuit Court of Appeals found a state law which caps the total dollar amount of punitive damages each person can receive to $350,000, court documents show. In Monday’s opinion, Chief Judge Albert Diaz wrote, “… we vacate the district court’s order to the extent that it reduces the jury’s punitive damages to $350,000 for all plaintiffs under the Virginia punitive damages cap.
Persons: Confederate, Robert E, Albert Diaz, , James Alex Fields Jr, Fields, ” Diaz Organizations: CNN, Circuit, Appeals, ” CNN Locations: Charlottesville , Virginia, Richmond, Virginia, Maumee , Ohio
The ruling came on the final day of the Supreme Court's term that began in October. At issue in the case was whether Corner Post was too late when it brought its legal challenge. A group of small business associations had filed a brief urging the Supreme Court to maintain a strict statute of limitations that begins at the time a regulation is finalized. The Supreme Court in 2015 left in place a lower court's ruling backing the regulation. Circuit Court of Appeals upheld Traynor's decision, setting up the Supreme Court appeal.
Persons: Dado Ruvic, Charles Koch's, Joe Biden's, Dodd, Frank Wall, Daniel Traynor, Traynor's, John Kruzel, Will Dunham Organizations: REUTERS, Companies, Mastercard, WASHINGTON, U.S, Supreme, Federal, U.S . Chamber of Commerce, Federal Reserve, of Governors, District, Circuit, Fed, Thomson Locations: North Dakota, Watford City, Corner, St, Louis
A group of doctors join abortion rights supporters at a rally outside the Supreme Court on April 24, 2024 in Washington, DC. The court dismissed an appeal brought by Idaho officials, meaning a lower court ruling that allows doctors in the state to perform abortions in emergency situations remains in effect for now. The legislation, known as the Defense of Life Act, went into effect in 2022 when the Supreme Court rolled back Roe. The Supreme Court in January allowed Idaho to enforce the provisions while agreeing to hear oral arguments in the case. The emergency room dispute is one of two abortion cases the Supreme Court considered this term, both of which arose in the aftermath of the 2022 decision to overturn Roe.
Persons: WASHINGTON —, Ketanji Brown Jackson, Samuel Alito, Clarence Thomas, Neil Gorsuch, Alito, Biden, Amy Coney Barrett, Elena Kagan, Donald Trump, Roe, Wade, Lynn Winmill Organizations: WASHINGTON, Conservative, Liberal, Defense, Labor, U.S, Circuit, Supreme, Food Locations: Washington , DC, Idaho, U.S, San Francisco
The Supreme Court on Monday turned away two Covid-related appeals brought by Children's Health Defense, the anti-vaccine group founded by independent presidential candidate Robert F. Kennedy Jr. In the FDA case, the group claimed in court papers that Covid vaccines were "ineffective and lacked proper vetting." Circuit Court of Appeals found that Kennedy's group did not have legal standing to sue. Kennedy is listed as a lawyer on the Rutgers filing at the Supreme Court despite his leave of absence from the group. In a separate vaccine-related case, the court also turned away a challenge to Connecticut's decision to repeal a religious exemption for school vaccinations.
Persons: Robert F, Kennedy Jr, Kennedy Organizations: Children's Health Defense, Food, Rutgers University, FDA, Circuit, Appeals, Rutgers, Democratic, Health Defense Locations: Phoenix , Arizona, New Jersey, Orleans, Philadelphia
A view of the U.S. Supreme Court building in Washington, U.S., June 17, 2024. WASHINGTON — The Supreme Court on Monday waded into the contentious debate over gender-affirming care for transgender minors by agreeing to resolve challenges to a law in Tennessee that seeks to restrict it. The justices will review an appeals court ruling that upheld the measure. In a separate case, the court in April allowed Idaho to mostly enforce a similar law. The plaintiffs then asked the Supreme Court to step in.
Persons: WASHINGTON —, Elizabeth Prelogar, Jeffrey Sutton, Neil Gorsuch Organizations: U.S, Supreme, WASHINGTON, Movement Advancement, Biden, Circuit Locations: Washington , U.S, Tennessee, Idaho, Kentucky, Cincinnati, West Virginia
Supreme Court upholds domestic violence gun restriction
  + stars: | 2024-06-21 | by ( Lawrence Hurley | ) www.cnbc.com   time to read: +4 min
Activists rally outside the U.S. Supreme Court before the start of oral arguments in the United States v. Rahimi second amendement case in Washington on Tuesday, November 7, 2023. The Supreme Court on Friday upheld a federal law that prohibits people subjected to domestic violence restraining orders from having firearms, taking a step back from its recent endorsement of a broad right to possess a gun. The court on an 8-1 vote ruled in favor of the Biden administration, which was defending the law — one of several federal gun restrictions currently facing legal challenges. He argued that he cannot be prosecuted under the federal gun possession restriction in light of what the Supreme Court concluded. But the case before the justices concerns his separate prosecution by the Justice Department for violating the federal gun possession law.
Persons: Biden, John Roberts, Clarence Thomas, Hunter Biden, Joe Biden's, Ketanji Brown Jackson, Joe Biden, Zackey, Rahimi's, Rahimi Organizations: U.S, Supreme, New York State, Justice Department, Circuit, Appeals Locations: United States, Washington, Texas, Arlington , Texas, New Orleans
A federal judge in Washington, D.C., at a hearing Thursday ordered former Trump White House aide Steve Bannon to report to jail by July 1 to begin serving a four-month sentence for his criminal contempt of Congress conviction. Outside of court, Schoen told reporters, "The decision has it wrong factually in many many ways, it's a horrible decision." Bannon told reporters Thursday, "I've got great lawyers, and we're gonna go all the way to the Supreme Court if we have to." It is possible that Bannon's jail sentence could be stayed by an order of the U.S. Circuit Court of Appeals for the District of Columbia, or by the U.S. Supreme Court.
Persons: Steve Bannon, Donald Trump, Carl Nichols, David Schoen, Nichols, I've, Schoen, Bannon, we're, It's, Bannon's, Peter Navarro Organizations: Washington , D.C, Trump White House, Capitol, NBC News, Supreme, U.S, Circuit, Appeals, District of Columbia Locations: Washington ,
Circuit Court of Appeals decided that the SEC exceeded its authority by adopting the rule in August 2023. The latest decision addressed rules covering private equity funds, hedge funds, venture capital funds and managers of funds for institutional investors such as pension funds and endowments, among others. Industry critics said this lack of transparency has hurt ordinary investors with indirect exposure to private funds, such as through pension and retirement plans. Private funds often attract well-heeled, sophisticated investors, and as a result have received less federal regulatory oversight than investments geared toward ordinary investors. In announcing the new rules, SEC Chair Gary Gensler said they would benefit "all investors, big or small, institutional or retail, sophisticated or not."
Persons: Gary Gensler Organizations: U.S . Securities, Exchange Commission, Securities and Exchange Commission, Circuit, Appeals, SEC, U.S, Democratic, Republican, National Association of Private Fund, Alternative Investment Management Association, American Investment Council, Trading Association, Association, National Venture Capital Association Locations: Washington ,, U.S, New Orleans
Circuit ruled against the SEC's denial of spot bitcoin ETFs, the regulatory agency "pivoted" and approved those funds in January. The bill sets up a regulatory framework for crypto assets. Gensler said crypto assets — and exchanges in particular exchanges — do not meet this test: "This field is not decentralized. He said crypto exchanges are "operating in ways that are conflicted in ways that traditional exchanges [are not]. Gensler says he is not against financial innovation The SEC chairman pushed back against the claim he was against financial innovation.
Persons: Gary Gensler, Eric Pan, Gensler, Joe Biden's, Pan, We'd Organizations: SEC, U.S . Securities, Exchange Commission, Investment Company, ICI Leadership Summit, U.S ., Appeals, Representatives, Innovation, Technology, Century, Futures
Federal prosecutors on Tuesday asked a judge to order former Trump White House aide Steven Bannon to begin serving his four-month jail sentence for contempt of Congress, citing a recent appeals court decision upholding his conviction. Bannon's lawyer, David Schoen, did not immediately respond to a request for comment on the motion. Judge Carl Nichols, who was appointed to the district court by former President Donald Trump, later sentenced Bannon to four months in jail but allowed him to remain free pending appeal. After that ruling, Bannon's lawyer Schoen said that he would ask for the appeal to be reheard by a panel made up of all the judges on the D.C. Circuit appeals court.
Persons: Steven Bannon, Bannon, David Schoen, Carl Nichols, Donald Trump, Nichols, Bannon's, Trump's, Schoen Organizations: Trump White House, U.S . Capitol, District of Columbia, U.S, Circuit, Appeals Locations: United States, America, U.S
Hunter Biden, son of U.S. President Joe Biden, arrives at the White House December 19, 2023 in Washington, DC. Hunter Biden's federal gun case will go to trial next month, a judge said Tuesday, denying a bid by lawyers for the president's son to delay the prosecution. President Joe Biden's son is accused of lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days. Hunter Biden was supposed to plead guilty last year to misdemeanor tax charges and would have avoided prosecution on the gun charges had he stayed out of trouble for two years. Hunter Biden was indicted on three gun firearms charges in Delaware and was charged separately in California, where he lives, with tax crimes.
Persons: Hunter Biden, Joe Biden, Biden, Hunter, Maryellen Noreika, Hunter Biden's, Joe Biden's, He's Organizations: U.S, District, Republicans, Democratic, Circuit, Prosecutors Locations: Washington , DC, Wilmington , Delaware, Delaware, California
CNN —Former Trump adviser Steve Bannon should begin serving a four-month prison sentence now that a federal appeals court has upheld his contempt-of-Congress conviction, the Justice Department told a federal judge Tuesday. US District Judge Carl Nichols, who presided over Bannon’s trial, had paused Bannon’s sentence while an appeal of his conviction played out. He has given Bannon until Thursday to respond to the DOJ’s request. Circuit rejected defendant’s appeal on all grounds, including the primary argument on appeal: the requisite mental state required for a contempt of Congress violation,” the Justice Department wrote. The timing of when Bannon will be expected to report to prison is still unclear.
Persons: Steve Bannon, Carl Nichols, Bannon Organizations: CNN, Trump, Justice Department, Capitol, The Justice Department, Congress
Steve Bannon, former adviser to Donald Trump, arrives to federal court in Washington, D.C., U.S., on Wednesday, March 16, 2022. A federal appeals court on Friday upheld the criminal contempt of Congress conviction of former Trump White House senior aide Steve Bannon for refusing to testify and provide documents to the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol. Circuit Court of Appeals for the District of Columbia Circuit makes it more likely that Bannon will soon have to begin serving a sentence of four months in jail for his conviction of two counts of contempt of Congress. But Bannon could ask the full judicial line-up of the D.C. He also could ask the U.S. Supreme Court to take an appeal of Friday's ruling.
Persons: Steve Bannon, Donald Trump, Bannon, Peter Navarro Organizations: Washington , D.C, Trump White House, U.S . Capitol, U.S, Circuit, Appeals, District of Columbia Circuit, Supreme Locations: Washington ,, U.S
Supreme Court rules against Warner Music in copyright damages case
  + stars: | 2024-05-09 | by ( ) www.cnbc.com   time to read: +1 min
The 6-3 ruling, authored by liberal Justice Elena Kagan, affirmed a lower court's decision that favored producer Sherman Nealy, who sued a Warner subsidiary and others in Florida federal court in 2018. Nealy has said that his label Music Specialist owns rights to the electronic dance song "Jam the Box" by Tony Butler, also known as Pretty Tony. Warner artist Flo Rida, whose given name is Tramar Dillard, incorporated elements of "Jam the Box" into his 2008 song "In the Ayer." The producer requested damages for alleged copyright infringement dating back to 2008. Circuit Court of Appeals reversed that decision and said there was "no bar to damages in a timely action."
Persons: Flo Rida, John Shearer, Elena Kagan, Sherman Nealy, Nealy, Tony Butler, Tony, Warner, Dillard, Warner Chappell, Butler Organizations: U.S, Supreme, Warner Music, Warner, Circuit, Appeals Locations: Universal City, Calif, Miami, Florida, Ayer, Atlanta
Former President Donald Trump attempted to ban the platform through an executive order in 2020, laying out the path to a potential ban. Prior to the passage of the law, TikTok spent more than $2 billion on an initiative called "Project Texas" to better protect U.S. user data from foreign influence. It's also different from past attempts to ban TikTok since the bill has bipartisan support, which can influence the courts, Hans said. Regardless of what happens in the circuit court, Hans said there's a real possibility the case ends up getting elevated to the U.S. Supreme Court. WATCH: Here's what to know about TikTok lawsuit
Persons: Shou Zi Chew, Online Harms, Evelyn Hockstein, Joe Biden, TikTok, Donald Trump, Gus Hurwitz, Hurwitz, ByteDance, Gautam Hans, Hans, It's, Hans said, there's, Shou Chew, Steven Mnuchin, CNBC's David Faber, Mnuchin Organizations: Energy, Commerce, Safeguard, Online, Capitol, Reuters, U.S, U.S ., Appeals, Circuit, Center for Technology, Innovation, University of Pennsylvania Carey Law, CNBC, Cornell Law School, Supreme Locations: Washington, Texas, U.S, TikTok, China
Circuit, argues that the bill, the Protecting Americans from Foreign Adversary Controlled Applications Act, violates constitutional protections of free speech. Now, legal proceedings will pause that timeline, meaning it could be years before a ban goes into effect. Tuesday's lawsuit is the latest development in what has become a multi-year effort by the U.S. government to effectively ban TikTok. Efforts to rein in the popular video-sharing app have persisted since 2020 under both the Trump and Biden administrations. The federal government and dozens of states have already banned the use of TikTok on government-owned devices.
Persons: TikTok, Joe Biden Organizations: United, U.S ., Appeals, Foreign, The, Justice, Justice Department, U.S, Trump, Biden Locations: United States, U.S
He has long been an impulsive user of Twitter, now renamed X. Musk acquired the social media company in 2022. As part of that agreement, he signed off on the social media provision. His lawyers say in court papers that the SEC has waged an "ongoing campaign" against Musk. The provision "restricts Mr. Musk's speech even when truthful and accurate. The SEC responded in court papers that Musk had waived his right to bringing his argument when he signed off on the settlement.
Persons: Elon Musk, Tesla, Porte, WASHINGTON —, Elon Musk's, Musk Organizations: Twitter, Viva Technology, Porte de, WASHINGTON, Securities and Exchange Commission, New, Circuit, Appeals, SEC, Tesla Locations: Paris, France, New York
Illegal and ghost guns on display at the Attorney General Letitia James offices in Manhattan on March 15, 2023. The justices by a 5-4 vote had previously intervened to keep the regulation in effect during the legal fight. Ghost guns, which lack serial numbers, have been turning up at crime scenes with increasing regularity. The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers. The Supreme Court allowed the regulation to remain in effect while the lawsuit continues.
Persons: Letitia James, Luiz C . Ribeiro, District Judge Reed O'Connor, O'Connor, Donald Trump, O'Connor's, John Roberts, Amy Coney Barrett, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, Barrett, Gorsuch, Kavanaugh Organizations: New York Daily News, Tribune, Service, Getty, Biden, Justice, U.S, District, Alcohol, Tobacco, Firearms, Explosives, Circuit, Appeals, Trump Locations: Manhattan, New, Fort Worth , Texas
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