Search Results for: Tenth Circuit

The US Supreme Court agreed Friday to weigh in on a debate over a federal law that governs the Renewable Fuel Standard Program. In HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the court will examine whether the Environmental Protection Agency (EPA) exceeded its authority when it exempted three small oil refineries from obligations under the statute. [...]

The US Supreme Court refused Monday to review an appeal seeking to reinstate Kansas’ voter identification law. The case, Schwab v. Fish, was appealed from the US Court of Appeals for the Tenth Circuit. The appeal by Kansas Attorney General Derek Schmidt sought to authorize the state’s requirements of proof of citizenship for voter registration, photo identification for [...]

The US Court of Appeals for the Tenth Circuit ruled Tuesday that an adoptive, nonbiological child is not a “legitimated” child under the Immigration and Nationality Act (INA). Rejecting the plaintiff’s arguments, the court created a per se rule that nonbiological children cannot be “legitimated” under the INA and rejected the plaintiff’s claim of gender [...]

The US Supreme Court on Monday granted certiorari in two cases challenging the appointment of Social Security Administration (SSA) judges who denied the petitioners’ requests for disability benefits. Carr v. Saul and Davis v. Saul will be consolidated to decide whether an Appointments Clause challenge needs to be raised at the administrative proceeding and not [...]

The US Supreme Court heard oral arguments Wednesday in the cases of Torres v. Madrid and Pereida v. Barr. The court heard the arguments by telephone with live-streamed audio. The petitioner in Torres was operating a vehicle under the influence, and in the process of trying to get away, endangered the two officers pursuing her. In the process, [...]

The US Court of Appeals for the Tenth Circuit ruled in favor of three Pueblo Indian tribes Tuesday in a water rights case. The decision is part of a nearly 40-year-old dispute over water rights in the Jemez River Basin in central New Mexico. The pueblos of Jemez, Santa Ana and Zia claim those rights, [...]

The US Court of Appeals for the Tenth Circuit on Tuesday dismissed an appeal against Michaels Stores Inc. and Craft Smith that alleged the companies infringed on a designer’s copyrights and trade dress rights with a “knockoff” version of a personal planner. EC Design has sold its personal organizer, the LifePlanner, since 2007. In 2015, Craft [...]

The US Fifth Circuit Court of Appeals has overturned a decision that would have required the federal government to return more than $479 million to six states that argued that the federal government had illegally collected a fee from them under the Affordable Care Act (“ACA”). Texas, Kansas, Louisiana, Indiana, Wisconsin, and Nebraska challenged the [...]

The US Court of Appeals for the Tenth Circuit affirmed a district court’s order refusing to remove a lawsuit against ExxonMobil and Suncor Energy from state to federal court on Tuesday. The lawsuit, originally filed in the District Court for the County of Boulder, Colorado in 2018, alleges that the two fossil-fuel companies are liable [...]

President Trump in recent days unveiled his latest tactic to clamp down on sanctuary jurisdictions. Having failed in his earlier efforts, the President now seeks to withhold the next round of federal stimulus funding from sanctuary jurisdictions in order to strong-arm them into changing their policies. Congress should categorically reject this hostile move and, instead, [...]