March 28, 2014 |
It wasn't a surprise, but it's still a disappointment that the U.S. 5th Circuit Court of Appeals, which sits in New Orleans, upheld the onerous new Texas abortion law and overruled the smart opinion of U.S. District Judge Lee Yeakel, who had seen fit to overturn aspects of it. The law requires doctors who perform abortions to have admitting privileges at a hospital within 30 miles of where they work. But some doctors who don't have privileges would have to go through a lengthy process to get them, and don't need them to perform abortions.
March 27, 2014 |
A new Texas law that's been cited in the closures of more than a dozen abortion clinics in the state does not violate the U.S. Constitution, a federal appeals court ruled Thursday. The U.S. 5th Circuit Court of Appeals' decision overturns the ruling of U.S. District Judge Lee Yeakel, who last October held the abortion law unconstitutional because it made it too difficult for women to access abortion providers and served no medical purpose. House Bill 2, passed by the GOP-controlled Texas Legislature last year, limits when, how and from whom women can obtain abortions.
March 21, 2014 |
A Federal Reserve rule allowing banks to charge retailers 21 cents to process debit-card transactions has been upheld by a federal appeals panel, a blow to big merchants such as Wal-Mart Stores Inc. and Target Corp. A lower court judge invalidated the fee cap in July, ruling that the Fed's formula included costs that weren't allowed under the Dodd-Frank regulatory reforms that Congress passed in the aftermath of the financial crisis. But in a ruling Friday for a three-judge panel, Judge David Tatel of the U.S. Court of Appeals in Washington said the central bank's rules “generally rest on reasonable constructions of the statute.” GAS: See latest prices in Southland, nation Merchants, who had argued that they were entitled to a lower cap, expressed disappointment, while financial firms said they were relieved.
CALIFORNIA | LOCAL
March 20, 2014 |
SAN FRANCISCO - Law enforcement in California may continue to collect DNA from people arrested for felonies - even if they are never formally charged - and store the genetic profiles in a criminal database, a federal appeals court ruled Thursday. An 11-judge panel of the U.S. 9th Circuit Court of Appeals upheld a district court decision that refused to shut down the state's practice of swabbing individuals for DNA upon arrest. The 9th Circuit said California's practice was "clearly" constitutional under a Supreme Court decision last year that upheld a similar, but narrower, program in Maryland.
March 14, 2014 |
A California appeals court has sided with landowners fighting the state over test drilling for a proposed water tunnel system in the Sacramento-San Joaquin Delta. In a 2-1 decision, an appeals panel ruled Thursday that the state needed to go through the eminent domain process to gain access to private property on which it wanted to take soil samples and conduct environmental surveys. The testing is necessary for the design and construction of two 30-mile tunnels that the state proposes to build as part of a delta replumbing project.
CALIFORNIA | LOCAL
March 13, 2014 |
In a big win for a little fish, a federal appeals court Thursday upheld delta smelt protections that have cut deliveries of Northern California water to the Southland and the San Joaquin Valley. A panel of the U.S. 9th Circuit Court of Appeals concluded in a 2-1 decision that a number of environmental provisions that federal and state water contractors have disputed as ill-founded were in fact justified. In effect, the court backed pumping limits. Written by Judge Jay S. Bybee, a George W. Bush appointee, the opinion is a major blow to the agricultural and urban agencies that have spent years challenging endangered species protections that have curbed water exports from the Sacramento-San Joaquin Delta.