Word: circuits
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...access to these and other witnesses, the government was forging new and untested legal theory. "An alien seized and detained abroad as an enemy combatant in the midst of a war is beyond the court's power to compel his testimony," prosecutors said in their brief to the Fourth Circuit. But the appellate judges said it was premature for them to intervene, sending the case back to Brinkema. On July 14, the government announced it would defy her order to allow Moussaoui to depose Binalshibh. While Brinkema was mulling over sanctions, she also granted the defense access to two more...
While that may seem like a substantial victory, to the government, it is a comedown. In December the Fourth Circuit will hear its appeal. If the appellate judges uphold Brinkema's ruling, the government could end up with exactly what it does not want: a precedent requiring it to provide access to captured terrorists being held overseas. This would surely lead to a greater use of military tribunals or the designation of defendants like Moussaoui as "enemy combatants," a label the government has given three men being held without recourse to lawyers or judicial review. Whichever way the ruling goes...
...patch of grass outside Hospice House Woodside in Pinellas Park, Fla., where Schiavo lies abed, about 30 people stood vigil last Thursday. They were protesting the removal of Schiavo's feeding tube the day before, an action sought by her husband Michael and approved by a Florida Circuit Court judge but bitterly opposed by Terri's parents Mary and Bob Schindler. Striding among them like a pep-rally leader was the nattily dressed Randall Terry, the prominent right-to-life advocate. "I'm here because the Schindlers asked me to be here," he declared. "This woman is being murdered...
...nurse a baby. From 1985 until January 2000, 195,202 women complained to the FDA about medical problems experienced from their breast implants, and the FDA’s own epidemiologists have identified long-term potential health risks from silicone implants, such as fibromyalgia. Just this month, the 11th Circuit Court of Appeals agreed to hear a lawsuit against former manufacturers of breast implants, including Baxter, Bristol-Meyers Squibb Company and 3M on behalf of the federal government and tens of thousands of U.S. women with implant-related medical problems. As of January 2000, the FDA had received 123 reports...
When an agnostic Californian father, Michael A. Newdow, won a case in the United States Court of Appeals for the Ninth Circuit in June 2002, the San Francisco court guaranteed that his 9-year-old daughter would not be subjected to the daily ritual of reciting “under God” in the closing of the pledge. For the states under the Ninth Circut Court, the ruling retired the requirement that public school teachers lead students in the pledge. Now, after the subsequent uproar, the Supreme Court has decided to take the case and consider the constitutionality...