See, e.g., Statement by the President on the Don't Ask, Don't Tell Repeal Act of 2010 ("It is time to recognize that sacrifice, valor and integrity are no more defined by sexual orientation than they are by race or gender, religion or creed").. To be sure, there is substantial circuit court authority applying rational basis review to sexual-orientation classifications.
With the Andrade case coming from federal court, California argued in its appeal that in granting the writ of habeas corpus, the Ninth Circuit exceeded its authority under a 1996 federal law that curtailed the federal courts' authority to review state criminal sentences.
Does the DTA grant the court or the DC circuit court the authority to authorise release?
There is now a substantial volume of circuit and Supreme Court authority interpreting important provisions of the act, most of which is defendant-friendly, and district court judges are applying that fairly well-developed law to weed out the poorer cases.
The statute goes on to provide the Florida circuit judge with authority to "fashion such orders as he or she deems necessary to ensure that each allegation... is investigated, examined, or checked,... and to provide any relief appropriate".
The Supreme Court of Florida ordered this additional recount under the provision of the election code giving the circuit judge the authority to provide relief that is "appropriate under such circumstances".
"Certainly," Mr. Clement said, "if this court thinks that the constitutional line essentially necessitates that the D.C. Circuit have the authority to order a release, there is no obstacle to that".
China halted the day's trading within 30 minutes of opening on Thursday morning as shares plunged by more than 7% – triggering an automatic "circuit breaker" – and authorities accelerated the devaluation of the Chinese yuan.
A 1996 federal law sharply limited the federal courts' discretion in granting habeas corpus to state prisoners, and California's appeal to the Supreme Court argued that the Ninth Circuit had exceeded its authority.
Directing the trial court to conduct a manual recount of the ballots violates article II, section 1, clause 2 of the United States Constitution, in that neither this court nor the circuit court has the authority to create the standards by which it will count the undervoted ballots.
Moreover, rather than restraining the actions of the trial court hearing the contest, the legislative amendment codified the grounds for contesting an election, entitled any candidate or elector to an immediate hearing and provided the circuit judge with express authority to fashion such orders as are necessary to ensure that each allegation in the complaint is investigated, examined or checked.
