4th Circuit Court

366 ABA Journal 4th Circuit Court articles.

4th Circuit to reconsider claim that Trump is violating the emoluments clause

A federal appeals court on Tuesday agreed to an en banc rehearing in a suit claiming President Donald Trump is violating the Constitution’s ban on presidents accepting emoluments from foreign…

Oct 15, 2019 5:15 PM CDT

2nd Circuit resurrects lawsuit against Trump hotel, properties

A federal appeals court has revived the first lawsuit President Donald Trump faced over claims that his business interests violate the U.S. Constitution.

Sep 13, 2019 3:26 PM CDT

Ban on political robocalls violates First Amendment, 9th Circuit rules

A Montana law that bans political robocalls is a content-based restriction that violates the First Amendment, a federal appeals court has ruled.

Sep 11, 2019 12:51 PM CDT

4th Circuit says US can be sued over background check failures in church shooting

A federal appeals court has ruled that the federal government can be sued for failing to uncover information about the Charleston, South Carolina, church shooter during a background check that would have barred him from being able to buy a gun from a licensed dealer before the mass shooting.

Sep 4, 2019 1:10 PM CDT

ABA urges Supreme Court to follow Miller standard for juvenile punishments

In an amicus brief filed Tuesday, the ABA urged the U.S. Supreme Court to recognize that juveniles’ “diminished culpability and greater prospects for reform” separate them from adults and that those whose crimes “reflect transient immaturity, rather than irreparable corruption” should not face life in prison.

Aug 28, 2019 12:55 PM CDT

As federal anti-hacking law turns 35, its meaning, reach and effectiveness are still murky

What had started as a pre-internet computer crime law affecting national security and finance has become a statute that prosecutors, plaintiff attorneys and defense counsels agree isn’t right for its time, and maybe never was. Even with broad agreement on the problem, however, the solution is less clear.

Aug 19, 2019 6:00 AM CDT

4th Circuit upholds search of home based on one web click

A federal appeals court has upheld a home search based on a single click to a website that posts child pornography videos.

Aug 5, 2019 10:30 AM CDT

Habitual drunkard law is struck down by full appeals court in closely divided opinion

An en banc appeals court has struck down Virginia’s habitual drunkard law in a closely divided opinion.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals ruled the law is…

Jul 17, 2019 4:10 PM CDT

Afternoon Briefs: 4th Circuit tosses emoluments suit; health insurance mandate on shaky ground

• A federal appeals court has tossed a case contending that President Donald Trump is violating the Constitution’s ban on presidents accepting emoluments from foreign states. The 4th U.S.…

Jul 10, 2019 4:46 PM CDT

Trump’s blocking of Twitter critics violates First Amendment, 2nd Circuit rules

President Donald Trump engaged in unconstitutional viewpoint discrimination by blocking critics from his Twitter account based on their views, a federal appeals court ruled Tuesday.

Jul 9, 2019 12:49 PM CDT

4th Circuit allows trial judge to consider new evidence in challenge to census citizenship question

A federal appeals court is allowing a Maryland federal judge to consider new evidence of an alleged discriminatory motive in the Commerce Department’s decision to add a citizenship question to the 2020 census.

Jun 25, 2019 4:31 PM CDT

4th Circuit reinstates suit against restaurant that barred boy from eating his own gluten-free meal

A federal appeals court has reinstated a disability lawsuit filed on behalf of a boy who was not allowed to eat his home-prepared, gluten-free meal at a restaurant in Colonial…

Jun 4, 2019 7:00 AM CDT

4th Circuit rules rescission of DACA was arbitrary and capricious

A second federal appeals court has rejected the federal government’s rescission of a program that defers deportation for immigrants brought to the country illegally as minors.

The 4th U.S. Circuit…

May 17, 2019 1:18 PM CDT

8th and 10th Circuits split over female topless ban

The 8th U.S. Circuit Court of Appeals at St. Louis has upheld a Springfield, Missouri, ordinance that bans women but not men from exposing their nipples in public.

The appeals…

May 8, 2019 7:00 AM CDT

Solitary confinement conditions violated death-row inmates’ Eighth Amendment rights, 4th Circuit rules

Updated: A federal appeals court has ruled that the conditions of death-row solitary confinement that once existed in Virginia prisons violated the Eighth Amendment ban on cruel and unusual punishment.

…

May 6, 2019 11:00 AM CDT

Read more ...