Sunday, August 30, 2015

Appellate Court Decisions

Last week U.S. Circuit Courts of Appeals made a handful of decisions worth a look. This gives 2305 students an opportunity to look ahead to this specific institution and the judicial process as well.


- NYT: Ruling Limits Protests Outside Supreme Court.

A federal appeals court on Friday upheld 65-year-old limits on protesters’ First Amendment rights to gather and wave signs on the grand plaza in front of theSupreme Court, reversing a district court ruling that had found the restrictions “plainly unconstitutional.” A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled unanimously that restricting demonstrators to the wide sidewalks alongside the plaza was a reasonable limit to preserve the court’s decorum.

- Washington Post: Appeals court deals blow to lawsuit over NSA’s bulk phone data collection.

An appeals court in Washington dealt a setback Friday to an activist’s lawsuit against the government over the legality of the National Security Agency’s call records program, ruling that the plaintiff has not proved his standing to sue. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that ­public-interest lawyer Larry Klayman, the founder of Freedom Watch, has not proved that his own phone records were collected by the NSA — and so has not met a condition of bringing the lawsuit. It sent the case back to a lower court for further deliberation on the issue. The panel’s ruling also reversed a ban on the NSA’s collection that had been imposed — and temporarily stayed — by a district court judge in December 2013.

- Texas Tribune: Court: Texas Voter ID Law Violates Voting Rights Act.

Texas’ four-year-old voter ID law violates the Voting Rights Act but is not a “poll tax” barred under the U.S. Constitution, a federal appeals court has ruled. The U.S. 5th Circuit Court of Appeals on Wednesday ruled that the Texas voter ID law has a “discriminatory effect” that violates the federal law that prohibits racial discrimination in voting, but it is not an unconstitutional “poll tax.”