Tag: Federal Courts
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10th Circuit upholds ATF redefinition of “machinegun” that banned bump stocks, citing Chevron deference
On May 7, a panel of judges on the United States Court of Appeals for the Tenth Circuit ruled that an ATF redefinition of machinegun that banned bump stocks did not violate Article I of the U.S. Constitution. Plaintiffs argued that since Congress had not banned bump stocks by law, the ATF and DOJ lacked…
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In Michigan, federal appeals court partially overturns lower court order modifying candidate filing procedures
On May 5, the United States Court of Appeals for the Sixth Circuit ruled that a district court judge who ordered modifications to Michigan’s candidate filing procedures had erred in doing so. Although the appeals court agreed that the original requirements were unconstitutional, it found that the lower court had exceeded its authority in mandating…
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Ballotpedia releases federal judicial vacancy count for April
In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from April 3, 2020, to May 1, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month. HIGHLIGHTS • Vacancies: There have been two new judicial vacancies since the March 2020 report. There are 77 vacancies out of 870 active Article III judicial…
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SCOTUS issues opinions in cases concerning immigration, trademark use, and the Clean Water Act (CWA)
On April 23, the Supreme Court of the United States (SCOTUS) issued rulings in three cases argued during its October Term 2019-2020. 1. Barton v. Barr, a case that concerned immigration law, originated from the U.S. Court of Appeals for the 11th Circuit and was argued on November 4, 2019. The issue: “Whether a lawfully admitted…
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SCOTUS issues opinions in three cases
The U.S. Supreme Court issued decisions in three cases on April 20 during its October 2019 term. 1. Ramos v. Louisiana originated from the Louisiana 4th Circuit Court of Appeal and was argued on October 7, 2019. It concerned the right to a unanimous verdict in a jury trial. The issue: “Whether the Fourteenth Amendment…
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Federal judge orders transfer of some inmates from federal prison
On April 22, U.S. District Court Judge James Gwin for the Northern District of Ohio ordered the transfer or release of certain vulnerable inmate populations from Elkton prison, a federal prison in Ohio, due to the coronavirus pandemic. Inmates who are older with underlying health conditions are considered for transfer out of the prison through,…
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Federal court dismisses challenge to Trump regulatory budget executive order
On April 2, a federal judge ruled that a group of states lacked standing to challenge Executive Order 13771, which established a regulatory budget including a requirement that agencies eliminate two old regulations for each new regulation issued. Judge Randolph D. Moss, an Obama appointee serving on the United States District Court for the District…
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Looking again at where state and local courts are closed due to coronavirus
On April 8, the United States Federal Courts announced that federal judges nationwide have moved court operations virtually due to the coronavirus pandemic. This is the latest in a series of changes that courts at all levels have enacted in response to the pandemic. As of April 8, a majority of states have suspended in-person…
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Justin Walker nominated to U.S. Court of Appeals for the D.C. Circuit
On April 3, President Donald Trump (R) announced that he would nominate Judge Justin Walker to the the U.S. Court of Appeals for the D.C. Circuit to succeed Judge Thomas Griffith. Griffith announced he would retire effective September 1. According to The Washington Post, Walker is the youngest nominee to the D.C. Circuit since 1983. Walker…
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Ballotpedia releases federal judicial vacancy count for March
In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from March 3, 2020, to April 2, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month. HIGHLIGHTS Vacancies: There have been three new judicial vacancies since the February 2020 report. There are 75 vacancies out of 870 active Article III judicial…