Misplaced Pages

#831168

36-561: The wording of the rider is generally the same year after year. For fiscal year 2009, the wording in Division F, Section 509 of the Omnibus Appropriations Act, 2009, (enacted March 11, 2009) prohibits HHS, including NIH, from using fiscal year 2009 appropriated funds as follows: In March 2009, President Obama issued an executive order which removed the restriction against federal funding of stem cell research. However,

72-705: A Bachelor of Laws in 1967. He served as a captain in the United States Army Judge Advocate General's Corps from 1968 to 1974, including one year in Vietnam . After that, he became an Assistant United States Attorney for the District of Columbia. In 1978, Lamberth became chief of the civil division of the United States Attorney's Office, a position he held until his appointment to the federal bench. Lamberth

108-501: A DC jail to provide Jacob Chansley the " organic " food he had requested as a religious accommodation , after Chansley refused to eat for days while awaiting trial. Lamberth eventually ordered Chansley moved to a new jail that would provide him with organic food. Throughout Chansley's case, Lamberth has repeatedly denied Chansley's requests for release and motions to vacate judgment . In 2023, Lamberth denied Chansley's request to throw out his conviction, after Chansley argued footage of

144-582: A ruling declining to enjoin the publication, but leaving the case open for other remedies. Lamberth has presided over a number of the criminal cases of participants in the January 6 attack on the United States Capitol , including Jacob Chansley , the "QAnon Shaman". Lamberth has handed down some of the longest sentences of the more than 480 people convicted for their actions during the attack. In 2021, Lamberth controversially ordered

180-671: The National Institutes of Health issued guidelines for research on early human embryos, but no action was taken. The Federal Policy for the Protection of Human Subjects (see: Human subject research legislation in the United States ) enacted in 1977 remained in place: 45CFR § 46.204(d), "No application or proposal involving human in vitro fertilization may be funded by the Department or any component thereof until

216-702: The Republic of Texas . He was assigned to hold court in Galveston , at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state. On February 21, 1857, the state was divided into two districts, Eastern and Western, with Judge Watrous continuing in the Eastern district. Judge Watrous and Judge Thomas H. DuVal , of

252-544: The U.S. state of Texas . This district covers over 92,000 square miles (240,000 km ) and seven divisions. Along with the District of New Mexico , Southern District of Texas , and District of Arizona , it is one of the busiest district courts in terms of criminal felony filings. The first federal judge in Texas was John C. Watrous , who was appointed on May 26, 1846, and had previously served as Attorney General of

288-725: The United States Foreign Intelligence Surveillance Court from 1995 to 2002. Since becoming a senior judge, Lamberth has been assigned as a visiting judge in San Antonio for several months per year at the United States District Court for the Western District of Texas . Lamberth presided over Cobell v. Kempthorne , a case in which a group of Native Americans sued the U.S. Department of

324-439: The Department's repeated failure to comply with discovery "because he remains incarcerated." Judge Lamberth went on to write that "[t]he whole point of this litigation is whether defendant can continue to single out plaintiff for special treatment as a terrorist during his continued period of incarceration. Did any supervising attorney ever read this nonsense that is being argued to this Court?" Judge Lamberth proceeded "to grant

360-564: The Dickey–Wicker Amendment remains an obstacle for federally funded researchers seeking to create their own stem cell lines. In August 2010, as part of preliminary motions in Sherley vs Sebelius , Judge Royce C. Lamberth granted an injunction against federally funded embryonic stem cell (ESC) research on the grounds that the guidelines for ESC research "clearly violate" the Dickey–Wicker Amendment. In September 2010, he refused to lift

396-615: The District of Columbia , who formerly served as its chief judge . Since 2015, he has sat as a visiting judge on the United States District Court for the Western District of Texas in San Antonio . Lamberth was born in 1943 in San Antonio , Texas . He graduated with a Bachelor of Arts degree from the University of Texas , where he was a member of the Tejas Club , and from the University of Texas School of Law , receiving

SECTION 10

#1732797964832

432-597: The District of Columbia Circuit issued an order on September 9, 2010, providing for an emergency temporary lifting of the injunction in the case that had forbidden the research, at the request of the Justice Department. A three-judge panel from that court overturned Lamberth's decision in August 2012, and the Supreme Court denied the plaintiff's request for an appeal. In July 2011, Judge Lamberth ordered

468-537: The District of Columbia Circuit sitting en banc, or perhaps, ultimately, by the Supreme Court of the United States ). Federal concern with human embryo research began over 25 years ago with the advent of assisted reproduction technologies , i.e. in vitro fertilization (IVF) or " test tube babies ." Although the first report of laboratory studies of human fertilization appeared in Science in 1944, (the work

504-594: The Interior for allegedly mismanaging a trust intended for their benefit. Lamberth, appointed to the bench by President Ronald Reagan , was known for speaking his mind and repeatedly ruled for the Native Americans in their class-action lawsuit . His opinions condemned the government and found Interior secretaries Gale Norton and Bruce Babbitt in contempt of court for their handling of the case. The appellate court reversed Lamberth several times, including

540-671: The January 6 attack released by Tucker Carlson would have been favorable to his case. In October 2021, Lamberth held D.C. corrections officials in contempt, citing treatment and civil rights abuses of January 6 participant Christopher Worrell . By 2023, after several hundred participants had been jailed, tried and convicted for their activities, some House Republicans such as Marjorie Taylor Greene sought to characterize them as "political prisoners." Donald Trump and House Republican Conference chair Elise Stefanik characterized them as "hostages." Lamberth, who had presided over dozens of

576-478: The Justice Department needed to directly notify Rosen of the issuance of the warrant. In May 2013, Lamberth issued an apology from the bench for the clerk's office failure to unseal the search warrant docket entries as Lamberth had ordered in November 2011. In August 2010, Lamberth issued a temporary injunction blocking an executive order by President Barack Obama that expanded stem cell research. He indicated

612-424: The Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for

648-703: The U.S. government under the Tucker Act , which are appealed to the Federal Circuit ). The divisions of the Western District of Texas are: The United States Attorney's Office for the Western District of Texas represents the United States in civil and criminal litigation in the court. As of December 9, 2022 the United States Attorney is Jaime E. Esparza . As of April 9, 2024 : Chief judges have administrative responsibilities with respect to their district court. Unlike

684-631: The Western District of Texas, left the state on the secession of Texas from the Union, the only two federal judges not to resign their posts in states that seceded. When Texas was restored to the Union, Watrous and DuVal resumed their duties and served until 1870. Appeals from cases brought in the Western District of Texas are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against

720-544: The application or proposal has been reviewed by the Ethical Advisory Board and the Board has rendered advice as to its acceptability from an ethical standpoint." Since there was no Ethics Advisory Board, federally funded research was not possible. Royce C. Lamberth Royce Charles Lamberth ( / ˈ l æ m b ər θ / ; born July 16, 1943) is a senior judge of the United States District Court for

756-492: The attack Lamberth sentenced to more than 7 years in prison —wrote letters to the court in Johnatakis's support. In response, Lamberth published a written version of his sentencing remarks in an unusual public court filing he styled as “Notes for Sentencing,” and ordered the court clerk to send a copy to those who had written in support of Johnatakis. “In any angry mob, there are leaders and there are followers. Mr. Johnatakis

SECTION 20

#1732797964832

792-491: The case entirely on July 27, 2011. In the 2–1 opinion of April 29, 2011, the appeals panel said that the Dickey–Wicker Amendment was "ambiguous" and that the National Institutes of Health had "reasonably concluded" that although federal funds could not be used to directly destroy an embryo, the amendment does not prohibit funding a research project using embryonic stem cells. This is an important distinction under

828-585: The case. In May 2003, in a case brought by families of the two hundred forty-one servicemen who were killed in the 1983 Beirut barracks bombing , Lamberth ordered the Islamic Republic of Iran to pay US$ 2.65 billion for the actions of Hezbollah , a Shia militia group determined to be involved in the bombing in Beirut , Lebanon . Lamberth has presided over Guantanamo captives habeas corpus petitions. On December 29, 2016, Lamberth ordered

864-572: The cases, remarked in a January 2024 court filing, in part: I have been shocked to watch some public figures try to rewrite history, claiming rioters behaved "in an orderly fashion" like ordinary tourists, or martyrizing convicted January 6 defendants as "political prisoners" or even, incredibly, "hostages." That is all preposterous. But the Court fears that such destructive, misguided rhetoric could presage further danger to our country. During one trial, supporters of Taylor James Johnatakis—a participant in

900-579: The classified report had been made, and human rights workers were concerned that the CIA would work to have all copies of the document destroyed. In 2010, two federal magistrate judges approved a warrant sought by the Justice Department to search personal e-mails and phone records of Fox News reporter James Rosen related to a story about the North Korean nuclear program. In May 2010, Judge Lamberth overruled Magistrate Judge John Facciola's determination that

936-476: The contempt charge against Norton. After a particularly harsh opinion in 2005, in which Lamberth lambasted the Interior Department as racist , the government petitioned the Court of Appeals to remove him, alleging that he was too biased to continue with the case. On July 11, 2006, the U.S. Court of Appeals for the District of Columbia Circuit , siding with the government, removed Judge Lamberth from

972-469: The government is seeking the clerk’s assistance in fundamentally altering the record, to intentionally conceal the identities of the assistants" who had been reprimanded by Judge Lamberth. In June 2020, Lamberth was assigned the case United States v. Bolton , in which the Trump administration sued to prevent the publication of John Bolton 's book The Room Where It Happened . On June 20, Lamberth issued

1008-489: The injunction pending the conclusion of the case and the issuance of his ruling and a likely appeal. In response, the Obama Justice Department asked the U.S. Court of Appeals for the District of Columbia Circuit to lift the injunction via an order pending the appeal of Judge Lamberth's ruling, which it did on April 29, 2011. Judge Lamberth was thereby obliged to reverse his ruling, and grudgingly dismissed

1044-633: The inmate plaintiff pretty much all his discovery motion and hammer[ed] the DOJ by telling plaintiff to submit its request for sanctions in the form of award of attorney fees and costs." In response to the Order, the Justice Department moved to substitute new counsel "and remove the appearances of all prior counsel for Defendant in the above-captioned case," Assistant United States Attorneys Charlotte Abel, Laurie Weinstein, Rhonda Campbell and Rhonda Fields. This led one legal commentator to note that "[i]t appears that

1080-474: The law, because for federal funds to be used directly to support the destruction of embryos—as opposed to indirect use just in embryo stem cell research that avoids killing the embryo—is supposedly a violation of the Hyde Amendment , which has been ruled constitutional and which prohibits abortions using federal tax dollar funds (those questions will now have to be settled by the whole Court of Appeals for

1116-474: The policy violated a ban on federal money being used to destroy embryos, called the Dickey–Wicker Amendment . Susan Jacoby complained that his decision was more a reflection of his politics than a rigorous interpretation of the Dickey–Wicker Amendment. Judge Lamberth refused to lift the injunction forbidding the research pending the appeal of his ruling, and the United States Court of Appeals for

Dickey–Wicker Amendment - Misplaced Pages Continue

1152-564: The preservation of the full classified United States Senate Intelligence Committee report on CIA torture . The six thousand–page report had taken Intelligence Committee staff years to prepare. A six hundred–page unclassified summary was published in December 2014, when Democratic Senator Dianne Feinstein chaired the committee, against objections of the Committee's Republican minority. Its publication stirred controversy. Limited copies of

1188-545: The release of Richard Nixon's testimony concerning the Watergate scandal. The Justice Department reviewed the decision after an objection from the administration insisting on the continued need for privacy of those involved. On January 15, 2014, Judge Lamberth issued an order harshly criticizing the Department of Justice for what he described as its "sneering argument" that a federal prisoner had not been prejudiced by

1224-544: Was a leader,” Lamberth said. “He knew what he was doing that day.” United States District Court for the Western District of Texas The United States District Court for the Western District of Texas (in case citations , W.D. Tex. ) is a federal district court . The court convenes in San Antonio with divisions in Austin , Del Rio , El Paso , Midland , Pecos , and Waco . It has jurisdiction in over 50 Trans-Pecos , Permian Basin , and Hill Country counties of

1260-524: Was conducted in Brookline, Massachusetts), clinical IVF was successful first in Great Britain in 1978 for couples with infertility. IVF became standard of care in the United States in the early 1980s. As with all forms of clinical treatment, the medical community looked to basic science research to improve the safety and efficacy of IVF for mothers and babies. In 1979, an Ethics Advisory Board for

1296-487: Was nominated by President Ronald Reagan on March 19, 1987, to the seat on the United States District Court for the District of Columbia vacated by Judge Barrington D. Parker . He was confirmed by the United States Senate on November 13, 1987, and commissioned on November 16, 1987. He served as chief judge from 2008 to 2013. He assumed senior status on July 15, 2013. He also served as presiding judge of

#831168