#U.S. Circuit Court of Appeals

[nationallawreview]

22 States Join Challenge to Massachusetts’ Question 3

Similar to California’s Proposition 12, Massachusetts’ Prevention of Farm Animal Cruelty Act (also known as “Question 3”) imposes animal welfare standards for hens, sows, and veal calves raised in Massachusetts and makes it unlawful for businesses to sell eggs, veal, or pork that they know to be in violation of these standards (even if the animals were raised out of state). A July 22nd order from…

[aanews69]

Nous livrons des histoires. Nous vous donnons également des guides, des conseils et des astuces pour créer le vôtre.Cette chaîne est dédiée aux choses aléato...

[minnesotafollower]

U.S. Supreme Court Rejects Thao’s Petition for Review of Conviction for Killing of George Floyd     

On January 9, 2024, the U.S. Supreme Court denied Tou Thao’s petition for certiorari asking for review of the U.S. Court of Appeals’ affirmance of his conviction on two counts of depriving George Floyd’s civil rights under color of law in 2020. Thao, therefore, must continue serving  his 3 and a half year sentence in federal prison.[1] =============================== [1] Montemayor, Supreme Court…

[reasonsforhope]

"Arizona’s ban on transgender athletes has been blocked by the 9th U.S. Circuit Court of Appeals, which called the 2022 law “the essence of discrimination.”

Supporters of the so-called Save Women’s Sports Act claimed that the law protected girls and women in schools and colleges from “unfair competition.” However, the federal court found that pre-pubescent trans girls and trans girls on puberty blockers have no significant physical advantages over cis girls their own age, The San Francisco Chronicle reported.

“[The law] to ensure competitive fairness and equal athletic opportunities for cisgender female athletes cannot be squared with the fact that the Act bars students from female athletics based entirely on transgender status,” Judge Morgan Christen wrote in the court’s 3-0 decision.

“[The law] permits all students other than transgender women and girls to play on teams consistent with their gender identities,” Christen continued, “transgender women and girls alone are barred from doing so. This is the essence of discrimination.”

Two trans girls, an 11-year-old soccer player and a 15-year-old swimmer and volleyball player on puberty blockers, sued to overturn the law; 18 states signed court arguments in favor of the law, and 17 states signed arguments against it.

A lower federal court also ruled against the law, and the two court rulings against it can now be cited as a legal precedent to help other trans girls play sports. However, Arizona could also appeal the decision to be heard by an 11-judge panel on the appeals court or ask the U.S. Supreme Court to rule on the matter.

“A student’s transgender status is not an accurate proxy for athletic ability and competitive advantage,” said Rachel Berg, a lawyer with the National Center for Lesbian Rights who represented the two girls in court. “Our clients are thrilled to be able to continue to play on girls’ sports teams with their friends while this case proceeds to trial.”"

-via LGBTQ Nation, September 10, 2024

[thejewishlink]

Court Revives Doctors’ Lawsuit Saying FDA Overstepped Its Authority With Anti-ivermectin Campaign

NEW ORLEANS (AP) — A federal appeals court Friday revived a lawsuit by three doctors who say the Food and Drug Administration overstepped its authority in a campaign against treating COVID-19 with the anti-parasite drug ivermectin. Ivermectin is commonly used to treat parasites in livestock. It can also be prescribed for humans and it has been championed by some conservatives as a treatment for…

[kiramoore626]

US appeals court backs abortion pill restrictions; Supreme Court appeal planned

US appeals court backs abortion pill restrictions; Supreme Court appeal planned Access to the abortion pill mifepristone must be restricted, a U.S. appeals court ruled on Wednesday, ordering a ban on telemedicine prescriptions and shipments of the drug by mail, though the decision will not immediately take effect. The New Orleans-based 5th U.S. Circuit Court of Appeals stopped short of ruling…

[naturalresourcestoday]

Federal Appeals Court Rejects Effort to Compel Amended Grizzly Bear Recovery Plan

A federal appeals court turned away Jan. 19 a case that sought to force the U.S. Fish and Wildlife Service to update its recovery plan for the grizzly bear. The decision cast recovery plans as being outside the scope of a federal statute’s provision allowing for petitions to amend agency rules. The Center for Biological Diversity filed a lawsuit seeking to compel amendment of USFWS’ framework…

[vaspider]

The Department of Defense’s health insurance plan, Tricare, must cover gender-affirming surgery for transgender dependents of active and retired service members, a federal judge has ruled. The exclusion of coverage for this care violates the equal protection guarantees of the U.S. Constitution, U.S. District Judge Nancy Torresen ruled November 1. The suit was brought by two transgender women in their 20s, identified by the pseudonyms Jane Doe and Susan Roe, who are both daughters of retired military members and are covered by Tricare. Doe and her father filed suit in 2022 in U.S. District Court in Maine, and Roe was added to the suit last year. Doe lives in Maine and Roe in Florida. Both of the women’s fathers served more than two decades in the military. [...] If the Defense Department appeals her ruling, it would go to the U.S. Court of Appeals for the First Circuit, which is “the only federal circuit court with no Republican appointees among its active judges,” Leonard observed.

[naamahdarling]

Victory! Appeals Court Overturns Ruling Upholding Oklahoma’s Discriminatory Birth Certificate Policy

🏳️‍🌈Happy Pride!!!🏳️‍🌈

🏳️‍⚧️FUCK YOU KEVIN STITT!!!🏳️‍⚧️

We are here to stay, you fucking moral coward.

We even know one of the people who filed the suit!

The court explained the Constitution requires that “there must be some rational connection between the Policy and a legitimate interest. There is no rational connection here—the Policy is in search of a purpose.”

IOW, "Can you show us a legitimate reason withholding this right is beneficial to literally any actual cause that materially affects actual people and not just their feefees? No? Bye."

Now we just need to make sure OSDH starts complying again and issuing amended certificates, and maybe we can get a little more goddamn respect up in here. Boyfriend can get his birth certificate changed!

I'm so proud of the plaintiffs! Rowan is so important to our local peer support community. I don't think I know the other two but they deserve a big hand as well.

Reblog this so people see that A) good things still happen to trans people in the worst places, and B) why not familiarize yourselves with what legal stuff like this is being done in your area, and see how you can support the cause? It matters so much!

[mydaddywiki]

William Barr

Physique: Average Build Height: 6′ 1″ (1.85 m)

William Pelham Barr (born May 23, 1950) is an American attorney who served as the United States attorney general in the administration of President George H. W. Bush from 1991 to 1993 and again in the administration of President Donald Trump from 2019 to 2020. Barr was the second person in U.S. history to serve twice as attorney general (the first was John J. Crittenden).

Bill looks like a human Droopy. Then I see him smile and I go aww… want some dick? What? I’m not voting for or marrying him. I’m just using him as a cum dumpster then kicking him to the streets. And something tells me, he would be good in bed.

Born and raised in New York City, Barr was educated at the Horace Mann School, Columbia University, and George Washington University Law School. From 1971 to 1977, Barr was employed by the Central Intelligence Agency. He then served as a law clerk to judge Malcolm Richard Wilkey of the United States Court of Appeals for the District of Columbia Circuit. Before becoming attorney general in 1991, Barr held numerous other posts within the Department of Justice, including leading the Office of Legal Counsel (OLC) and serving as deputy attorney general.

Barr has been married to Christine Moynihan Barr since 1973, and together they have three daughters. Lets see what else I can find out about him. Hmm… Barr is an avid bagpiper having played competitively in Scotland with a major American pipe band.

OK that one is WAY too easy.

[batboyblog]

A federal appellate court in Richmond became the first in the country to rule that state health-care plans must pay for gender-affirming surgeries, a major win for transgender rights amid a nationwide wave of anti-trans activism and legislation.

The decision came from a set of cases out of North Carolina and West Virginia, where state officials argued that their policies were based on cost concerns rather than bias. The U.S. Court of Appeals for the 4th Circuit rejected that argument, saying the plans were discriminating against trans people in need of treatment.

It’s the second ruling in favor of trans rights this month from the 4th Circuit, a once-conservative court that has become a trailblazer in the realm of transgender rights. The court was the first to say trans students had a right to use the bathrooms that align with their gender identity and the first to recognize gender dysphoria as a protected disability. Earlier this month, the court said a federally funded middle school could not ban a trans 13-year-old from playing on the girls’ track and field team.

LINK

The 4th Circuit has 15 judges, 1 appointed by Reagan, 1 appointed by George HW Bush, 2 by Clinton, 1 by George W Bush, 3 by Obama, 3 by Trump, and 3 by Biden. The newest Biden appointee, Nicole Berner, was only seated just last month. Berner is a Lesbian, famous for among other things suing Israel in 2000 to force the Israeli government to recognize the children of same sex parents as being equally both their parent's child on documents like birth certificates and passports. She's only the 5th LGBT Judge at the Appeals Court level, 3 of whom are Biden appointees. Elections matter.

[contemplatingoutlander]

DeSantis faces pushback in Florida as voters tire of war on woke

It's about time that Florida citizens started to push back against DeSantis's far-right "anti-woke" agenda.

The bill banning rainbow flags from public buildings in Florida sounded like a sure bet. State Rep. David Borrero (R), the legislation’s sponsor, argued that it was needed to prevent schoolchildren from being “subliminally indoctrinated.” That rationale echoed other measures championed by Gov. Ron DeSantis (R) as part of his “war on woke.” But instead of sailing through the Republican-dominated legislature, the DeSantis-backed bill died a quick legislative death, making it only as far as one subcommittee. It wasn’t the only culture war proposal from conservative lawmakers to end up in the bill graveyard during the session that ended Friday. One rejected bill would have banned the removal of Confederate monuments. Another would have required transgender people to use their sex assigned at birth on driver's licenses — something the state Department of Motor Vehicles is already mandating. A third proposed forbidding local and state government officials from using transgender people’s pronouns. Some of those ideas have come up in the past and may surface again next year. But the fact that the bills failed, even with public support from DeSantis, marks a change from the days when the GOP supermajority in Tallahassee passed nearly everything the governor asked for. [...] But the pushback is growing. Parents and others have organized and protested schoolbook bans. Abortion rights advocates gathered enough signatures to put the issue on the ballot in Florida in November. A bill that would have established “fetal personhood” stalled before it could reach a full vote. Judges are also canceling some of DeSantis’s marquee laws, including the “Stop Woke Act.” A three-judge panel of the U.S. Court of Appeals for the 11th Circuit ruled Monday that the law “exceeds the bounds” of the Constitution’s First Amendment right to freedom of speech and expression.

[minnesotafollower]

U.S. Court of Appeals Affirms Federal Conviction of Tou Thao for Violating the Civil Rights of George Floyd

On August 4, 2023, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously affirmed the conviction of Tou Thao by the U.S. District Court for the District of Minnesota for violating the civil rights of George Floyd during the 2020 murder of George Floyd by Derek Chauvin.[1] The appellate opinion by Circuit Judge Jonathan Kobes, which was joined by Circuit Judges James…

[reasonsforhope]

do you have any good queer news? I'm a queer person and hearing all the shit thats happening across the world is making me bummed out

I do! All of this is from LGBTQ Nation's excellent good news tag

^Article date: July 6, 2023

"Only two months after its formation, the “No SB 180” initiative had succeeded at making the city of Lawrence, Kansas a sanctuary city for LGBTQ+ people. Last week, in a unanimous vote, Lawrence became the first city in the state to declare itself as such.

Ordinance 9999 bans the city and all of its employees from collecting or releasing information on a person’s “biological sex, either male or female, at birth” and from helping with any investigation, detention, arrest, or surveillance “conducted by a jurisdiction with the authority to enforce Senate Bill 180, as enacted.”"

^Article date: July 28, 2023

"A federal judge has told a group of anti-trans parents to mind their own business after the group filed a lawsuit challenging an Ohio school district’s bathroom policy.

The attempts to meddle do not “pass legal muster,” he wrote in his ruling, saying that the group has no reason to sue.

“Not every contentious debate concerning matters of public importance presents a cognizable federal lawsuit,” Judge Michael Newman wrote, denying their petition to stop the Bethel Local School District’s policy that allows a single transgender middle school student to use the restroom that aligns with her gender identity."

^Article date: August 8, 2023

"The U.S. Agency for International Development (USAID), the independent federal agency responsible for administering civilian foreign aid and development assistance, has released its first-ever “LGBTQI+-inclusive” policy since its founding in 1961.

The four-point policy is meant to serve as a blueprint for USAID staff and partners around the world to champion LGBTQ+ and intersex development and the human rights of all queer people through the agency’s work, said Jay Gilliam, USAID’s senior LGBTQI+ coordinator, in a video explaining the policy...

In simpler terms, the U.S. will try to improve diplomatic relationships with other countries by investing in locally-led LGBTQ+-inclusive programs that are shown to positively impact communities in need."

^Article date: August 3, 2023

The U.S. Court of Appeals for the Seventh Circuit has ruled in favor of three transgender students who were forbidden by their schools from using bathrooms matching their gender identities. The circuit court upheld a lower court’s preliminary injunction that said the schools have to let trans students use facilities associated with their genders...

The case involves three trans boys in Martinsville, Indiana and Terre Haute, Indiana, who need access to the boys’ room at their middle and high schools...

The court took into account the fact that Title IX bans discrimination on the basis of sex in schools that receive federal money, which is most of them. Citing the 2020 Supreme Court decision in Bostock v. Clayton Co. that found that job discrimination against LGBTQ+ people necessarily takes sex into account and is therefore prohibited under Title VII, the appeals court ruled that the trans boys are likely to succeed in their case and that preventing them from using the correct bathroom while the case works its way through the court system could cause irreparable harm.

^Article date: August 2, 2023

^Article date: June 21, 2023

"A federal judge has ruled on the side of trans rights after a conservative group tried to overturn an Ohio school district’s anti-bullying policy.

The national conservative group Parents Defending Education (PDE) tried to get a preliminary injunction passed on the Olentangy Local School District’s prohibition on misgendering trans students. The policy includes students, teachers, and parents and it applies to out-of-school hours and social media as well."

^Article date: August 2, 2023

There's literally a bunch more I wanted to include, by the way! Tumblr just stopped being able to load them. Going back to add a few more in the reblogs now.

I know it feels like everything is against us right now. But I promise you: that is not true. The bigots and bastards may usually be the ones moving faster (in large part because they suck and don't care about democracy or due process at all),

But in the end, we are going to win. I promise.