Rocky Mountain Voice

Tag: Federal court

The question no court has answered: Was Tina Peters jailed for speech?
Rocky Mountain Voice, State, Top Stories

The question no court has answered: Was Tina Peters jailed for speech?

By Jen Schumann | Rocky Mountain Voice Despite months and months of litigation in both state and federal courts, no appellate court has ruled on whether Tina Peters’ speech was constitutionally protected—or whether it was improperly used to justify keeping her behind bars. Her bond challenge stalled in Colorado’s appellate court, which dismissed it as untimely. She's also turned to federal court, where her habeas petition was rejected under the Younger abstention doctrine. Even after a certificate of appealability was denied at the district court level, her case now proceeds forward in the Tenth Circuit—still without an answer to the First Amendment question at its core. Peters’ case is now moving through two separate court systems.  Peters’ conviction is b...
Federal judge recommends dismissing school districts’ lawsuit over transgender sports rules
Colorado Politics, Approved, State

Federal judge recommends dismissing school districts’ lawsuit over transgender sports rules

By Eric Young | Colorado Politics A judge has recommended dismissing a federal lawsuit filed by multiple school districts against the Colorado Attorney General’s and Civil Rights Offices over their policies dictating students’ participation in athletics and activities based on their biological sex rather than gender identity. Last spring, District 49, later joined by Colorado Springs D-11, Academy D-20, Education ReEnvisioned BOCES and El Paso County charter schools, filed the lawsuit against the two state bodies plus the Colorado High School Athletics Association (CHSAA) over what they allege to be discrimination against female student athletes by allowing transgender students to participate in activities that align with their gender identity. The small, rural school ...
Court Deals Setback to Rep Jason Crow Over ICE Oversight Rules Challenge
Colorado Politics, Approved, National

Court Deals Setback to Rep Jason Crow Over ICE Oversight Rules Challenge

By: Michael Kunzelman | Colorado Politics WASHINGTON • A federal judge refused Monday to temporarily block the Trump administration from enforcing a new policy requiring a week’s notice before members of Congress can visit immigration detention facilities. U.S. District Judge Jia Cobb, who is based in Washington, D.C., concluded that the Department of Homeland Security didn’t violate an earlier court order when it reimposed a seven-day notice requirement for congressional oversight visits to Immigration and Customs Enforcement facilities. Cobb stressed that she isn’t ruling on whether the new policy passes legal muster. Rather, she said, plaintiffs’ attorneys representing several Democratic members of Congress used the wrong “procedural vehicle” to chall...
Justice Served as Colorado Child Predator Receives 84-Year Federal Prison Sentence
The Western Journal, Approved, State

Justice Served as Colorado Child Predator Receives 84-Year Federal Prison Sentence

By Jack Davis | The Western Journal A 31-year-old Colorado man has been sentenced to 84 years in prison after pleading guilty to multiple counts of the sexual exploitation of minors. Austin Ryan Lauless, 31, was sentenced on Dec. 17, according to a Department of Justice news release. In addition to prison time, he faces a lifetime of supervised release. Lauless pleaded guilty to 13 counts of sexual exploitation of a child, five counts of sex trafficking of a minor, two counts of advertising child sexual abuse material, and possession of child sexual abuse material, the Justice Department said. The release said the 84 American victims come from almost every state, and that victims from at least five foreign countries have been identified. READ THE FUL...
Colorado Judge Restricts ICE Detentions, Siding With ACLU Plaintiffs
Fox News, Approved, State

Colorado Judge Restricts ICE Detentions, Siding With ACLU Plaintiffs

By: Landon Mion | Fox News ACLU lawsuit accuses immigration agents of indiscriminately targeting Latinos without proper legal justification. A federal judge ruled on Tuesday that Immigration and Customs Enforcement (ICE) agents in Colorado may only arrest illegal immigrants without a warrant if the targets are likely to flee. U.S. District Senior Judge R. Brooke Jackson's order comes after a lawsuit brought by the American Civil Liberties Union of Colorado and other lawyers on behalf of four people, including asylum-seekers, who were arrested by ICE without warrants earlier this year as part of President Donald Trump’s crackdown on immigration. The lawsuit accuses immigration agents of indiscriminately arresting Latinos to meet the Trump administration's i...
Federal Judges Push Trump Administration to Resume Partial SNAP Payments
The Post Millennial, Approved, National

Federal Judges Push Trump Administration to Resume Partial SNAP Payments

By Thomas Stevenson | The Post Millennial It is not clear how much those getting benefits will receive. The Trump administration on Monday said that there would be partial funding of SNAP after two judges ruled that the administration had to continue to fund SNAP despite the government shutdown.   The partial funding will go forward, but it is not clear how much those getting benefits will receive.   “Per orders issued by the United States District Courts for the Districts of Massachusetts and Rhode Island, FNS [Food and Nutrition Service] intends to deplete SNAP contingency funds completely and provide reduced SNAP benefits for November 2025,” the Department of Agriculture said in court documents.  There are around $4.6...
Judge Weighs Whether Colorado Can Restrict ICE From Warrantless Arrests
Colorado Politics, Approved, State

Judge Weighs Whether Colorado Can Restrict ICE From Warrantless Arrests

By: Michael Karlik | Colorado Politics A federal judge heard testimony on Thursday from multiple noncitizens who were arrested by immigration officers in Colorado this year, and arguments from their attorneys that U.S. Immigration and Customs Enforcement is violating the legal standard for conducting warrantless arrests. The ACLU of Colorado and other law firms have asked U.S. District Court Senior Judge R. Brooke Jackson to issue a preliminary injunction holding ICE to the requirement in federal law that warrantless arrests only occur when officers have probable cause to believe someone is in the country illegally and they are a flight risk. “Masked, militarized ICE agents with flak jackets and long rifles are terrorizing neighborhoods across Colorado, ignoring their du...
Judge Demands Big Tech CEOs Explain Role in Algorithmic Censorship Push
Reclaim The Net, Approved, National

Judge Demands Big Tech CEOs Explain Role in Algorithmic Censorship Push

By Dan Frieth | Reclaim The Net For the first time, design choices, not just direct speech, are being treated as moral acts in a court of law. Three of the tech industry’s most recognizable leaders, Mark Zuckerberg of Meta, Evan Spiegel of Snap, and Adam Mosseri of Instagram, will be required to testify in court early next year. The order came from Los Angeles Superior Court Judge Carolyn Kuhl, who ruled that their participation is essential in a lawsuit alleging that social media platforms were deliberately designed to harm young users’ mental health. Attorneys for the companies had tried to prevent the CEOs from appearing, arguing that earlier depositions and other executive testimonies already provided sufficient information. Judge Kuhl disagreed, stating, “The testimon...
Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines
Rocky Mountain Voice, State, Top Stories

Tina Peters’ attorney presses Governor Polis and Secretary Griswold to eliminate computer voting machines

By Jen Schumann | Rocky Mountain Voice Attorney John Case, who represents former Mesa County Clerk Tina Peters, has sent an open letter to Colorado Gov. Jared Polis and Secretary of State Jena Griswold urging the state to immediately discontinue electronic voting systems and return to in-person, hand-counted paper ballots. Case’s letter, dated October 21, outlines a series of concerns about the Dominion voting software used in 60 counties. It cites sworn testimony from two former Venezuelan election insiders who claim Dominion’s systems share code and design elements with Smartmatic software previously used in Venezuela—software the witnesses allege was developed to ensure predetermined outcomes. According to the letter, those sworn statements were part of federal court filings in...
Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing
Rocky Mountain Voice, State, Top Stories

Two doors and an insurance policy: Inside the legal backstops in Tina Peters’ October 16 hearing

By Jen Schumann | Rocky Mountain Voice After more than four years of courtroom battles and appeals, former Mesa County Clerk Tina Peters’ fight now hinges on a single federal question: whether Colorado courts violated her constitutional rights by denying her bond pending appeal.  The Oct. 16 motions hearing was part of a broader federal proceeding stemming from Peters’ Application for a Writ of Habeas Corpus filed in February. That petition asks the U.S. District Court to determine whether her ongoing detention violates the Constitution. It argues that the state’s denial of bail pending appeal punished Peters for her speech, violated her First and Fourteenth Amendments, and ignored the federal obligations that she says guided her actions as Mesa County Clerk under the Supremacy ...

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