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

A Richmond U.S. District Court refuses to dismiss the Commonwealth of Virginia’s challenge to § 1501 of the Patient Protection & Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or ...

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

Virginia may not enforce a statute that prohibits communication of an individual’s Social Security Number to the general public against an advocate for privacy in online records who republished SSNs of public officials to dramatize her message about a lack ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Allyson K. Duncan

In this case upholding summary judgment for plaintiff newspaper publishers that a public airport’s total ban on newspaper racks inside its terminals violates the First Amendment, the 4th Circuit denies rehearing en banc. Concurrence Wilkinson, J., concurring in the denial ...

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

Virginia was one of just two states that refused to join a friend-of-the-court brief Tuesday supporting the father of a Marine whose funeral drew anti-gay protesters carrying inflammatory signs. Attorney General Ken Cuccinelli’s spokesman said concerns about freedom of expression ...

Tagged with: Attorney General Ken Cuccinelli Constitutional U.S. Supreme Court