In this decades-old dispute, not unlike a “chronicle of the Tudor dynasty,” between a West Virginia landowner and local government bodies and neighbors who played a part in resisting his development plans, the 4th Circuit says the denial of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge J. Harvie Wilkinson III

A Big Stone Gap U.S. District Court says the Stolen Valor Act of 2005 does not violate defendant’s First Amendment free speech rights, and the court refuses to dismiss an indictment charging defendant political candidate with altering documentation submitted to ...

Tagged with: Constitutional Judge James P. Jones U.S. District Court - Western District

A federal appeals court has affirmed approval of a government-backed project where an Arlington church shares space with subsidized apartments in a single 10-story building. In a Dec. 23 opinion, a three-judge panel of the 4th U.S. Circuit Court of ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional

A Richmond U.S. District Court strikes § 1501 of the Patient Protection and Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failure to do so, ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

U.S. District Judge Henry E. Hudson struck down a key part of the nation’s new health care law last week, becoming the first judge to rule that Congress exceeded its powers by requiring individuals to have health insurance or pay ...

Tagged with: Attorney General Ken Cuccinelli Constitutional Federal Courts Heath Care Act Judge Henry E. Hudson

A Lynchburg U.S. District Court upholds the Patient Protection and Affordable Care Act of 2009, in the face of a constitutional challenge by plaintiff Liberty University, based on the Commerce Clause, the First Amendment and other constitutional provisions. The Patient ...

Tagged with: Constitutional Judge Norman K. Moon U.S. District Court - Western District

In a case involving a controversial Topeka, Kan., church whose members travel the country to protest at the funerals of fallen soldiers, the justices of the U.S. Supreme Court struggled to draw the line between protected speech and tortious activity. ...

Tagged with: Constitutional U.S. Supreme Court

Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. The decision today in ...

Tagged with: Constitutional Criminal Traffic Offenses

A long-haul truck driver sued for wrongful death after a collision on Interstate 81 can invoke his Fifth Amendment privilege and refuse to answer questions in the personal injury action, an Abingdon federal court says. The accident happened on a ...

Tagged with: Constitutional Federal Courts Judge James P. Jones Judge Pamela Meade Sargent Wrongful Death

(AP) An Oct. 18 hearing before U.S. District Judge Henry E. Hudson will be the next major proceeding in Virginia Attorney General Ken Cuccinelli’s challenge to a key element of the Obama administration’s health care reform package. A spokesman for ...

Tagged with: Attorney General Ken Cuccinelli Constitutional Federal Courts Heath Care Act Judge Henry E. Hudson