The US Court of Appeals for the Seventh Circuit on Thursday upheld an Indiana law requiring voters to show photo identification before casting a ballot. In its ruling, the court upheld a lower court decision that the law does not put an undue burden on the right to vote and therefore does not violate the US Constitution. The Indiana Democratic Party and the American Civil Liberties Union of Indiana had appealed the district court's decision, but during oral arguments Judge Richard Posner, who wrote the appeals court ruling, was skeptical of the plaintiffs' contention that the law would prevent voters from casting ballots.

The US Supreme Court issued a per curiam opinion last October ruling that Arizona could enforce its voter ID law, which requires voters to show government-issued ID cards at the polls. Similar voter ID laws have been upheld in Georgia and Pennsylvania, though the Missouri Supreme Court struck down a law last year requiring voters to show ID cards at the polls. A lawsuit over Ohio's voter ID legislation ended just before last November's mid-term election in a settlement requiring future Ohio absentee voters to show proof of ID when applying for absentee ballots, but allowing absentee ballots already obtained without ID to be counted.

According to wire reports, a Brazilian court has ordered YouTube to cease operations until it removes a celebrity sex video involving model Daniela Cicarelli, the ex-wife of soccer star Ronaldo.

Cicarelli filed suit against the Google-owned content site over the video, in which she is said to be seen having sex with her boyfriend, Tato Malzoni, on the beach. According to reports, it quickly became the most viewed video in Brazil. Cicarelli ordered the site to remove the video and demanded $116,000 in damages for each day the video remains on the site. While YouTube did remove the clip, the site’s users have since reposted it.

In a ruling that could boost federal efforts to prosecute athletes who used steroids, a US appeals court said yesterday that lower courts had wrongly blocked the US government from access to confidential Major League Baseball drug tests.

At issue are subpoenas involving more than 100 baseball players in tests by two laboratories. Prosecutors continue to investigate whether players such as Barry Bonds, who holds the record for home runs in a single season, lied to a federal grand jury in San Francisco about steroid use.

A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco said a lower-court judge who had overseen cases involving Balco, a San Francisco-area lab that illegally distributed steroids to athletes, had abused her discretion.

“The subpoenas were not unreasonable and did not constitute harassment,” Judge Diarmuid O’Scannlain wrote for the panel. The drug tests could provide key evidence in showing which players used steroids, drugs many observers see as behind an explosion of home runs in the late 1990s and early 2000s. Amid growing scrutiny in recent years, Major League Baseball started unannounced steroid testing of players in 2003.

Michael Rains, criminal attorney for Bonds, said the tests did not incriminate his client, who could become the major leagues’ all-time home-run king next season.

“If what the government saw and got in April of 2004 was harmful to Barry Bonds, you can darn well bet that would have been leaked by now,” he said in an interview. “There is nothing at all about those tests that is harmful to Barry Bonds.”

“The government’s quest to get these — initially I’m sure just to target Barry — has been just another of a goose egg for them in their continuing efforts to both target, harass, indict and prosecute Barry Bonds.” US Attorney Kevin Ryan said in a statement, “We are pleased that the majority of the 9th Circuit panel found that the government’s seizures and use of grand jury subpoenas were reasonable.”

“We will continue to review the ... opinion to determine what the next investigative step may be,” Ryan said.

Investigators initially obtained a subpoena in 2003 to receive the anonymous drug testing results for 11 baseball players, and then sought to get the results from two firms that did the work, Quest Diagnostics in New Jersey and Comprehensive Diagnostic Testing, or CDT, in Long Beach, California.

A legal fight ensued and federal agents in April 2004 searched CDT, finding positive drug test results for eight players, with possible positive results for 26 others, according to the court ruling.

The government sought further records amid opposition from the labs and the Major League Baseball Players Association. A different judge in Nevada ordered the return of specimens and notes. That ruling was also wrong, the 9th Circuit said.

In a partial dissent in the 115-page ruling, Judge Sidney Thomas expressed concern the ruling would ease the way for prosecutors to seize confidential medical records.

“There is no question that the baseball players who participated in the random testing had a justified expectation of privacy in the test results,” Thomas wrote.

“The scope of the majority’s new holding in the digital age could not be greater; it removes confidential electronic records from the protections of the Fourth Amendment.”

A spokesman for Major League Baseball declined comment, saying lawyers had not yet reviewed the decision.

The decision to accept the case was unanimous among the court's seven justices, although a date for oral arguments has yet to be set. Conservative groups had hoped the court would decline the appeal and allow a lower court ruling against gay marriage to stand.

At issue is a California law passed by voters in 2000 that protects the natural, traditional definition of marriage. Known as Proposition 22, it passed with 61 percent of the vote.

“The people of California spoke in 2000, and the people’s voice should be heard," Glen Lavy, an attorney with the Alliance Defense Fund, said in a statement.

ADF supports allowing the current law to stand.

“Political special interests shouldn’t trump their voice regarding what’s in the best interests of families and children. This is the question the California courts will ultimately be deciding: Who is more important—our children and the voice of the people or politicians and special interest groups?"

Massachusetts remains the only state to recognize gay marriage, although Maryland's highest court heard a gay marriage case in December and could issue a decision in early 2007. Also, Connecticut's highest court is considering whether to accept an appeal of a gay marriage case.

The California Supreme Court's announcement further highlights a divide among conservative groups over a proposed constitutional marriage amendment. Conservatives had hoped to place an amendment prohibiting gay marriage on the ballot in 2006, but could not agree on the proposal's language. They subsequently divided into two competing groups and began gathering signatures. In the end, though, both amendments fell short of the requirement.

That division could prove to be significant. The California court likely will rule on the issue before an amendment can be placed on the ballot. If the court legalizes gay marriage, any statewide campaign to adopt a marriage amendment could be much tougher.

But the court's Dec. 20 announcement also could make it easier to collect signatures to qualify an amendment for the ballot.

The lawsuit was filed by the city of San Francisco and a host of liberal legal groups, including Lambda Legal, the American Civil Liberties Union and the National Center for Lesbian Rights. They won at the trial court level, but lost 2-1 at the appeals court level. That appellate decision was handed down in October.

“Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution as marriage," Justice William R. McGuiness wrote for the majority in October. "... The time may come when California chooses to expand the definition of marriage to encompass same-sex unions. That change must come from democratic processes, however, not by judicial fiat."

A state appeals court is restoring the voting rights of about 100,000 local jail inmates statewide who are serving a year or less for felony convictions.

The state said it would not appeal last week's decision from the 1st District Court of Appeal. The affected inmates were eligible to vote until last year, when the state disenfranchised them.

For three decades, California's secretary of state had interpreted the state Constitution as barring voting by those in state prisons and those on parole after their release. The appeals court said the state wrongly changed the policy last year to include persons convicted of felonies but sentenced to a year or less in a local county jail.

The League of Women Voters brought the case on behalf of three San Francisco County jail inmates.

The US Court of Appeals for the District of Columbia rejected the new federal rules for smog reduction on Friday, stating that the Environmental Protection Agency "has failed to heed the restrictions on its discretion set forth in the Act." The smog standards were introduced in 2004 and required roughly 470 counties designated as "non-attainment" areas to reduce the level of smog within a three to seventeen year period. The court said the time period did not align with the federal Clean Air Act and held that EPA enforcement was not strict enough in states where smog levels have increased.

The EPA has not yet determined if it will seek an en banc rehearing of the case, according to EPA spokeswoman Jennifer Wood, stating that the "EPA is committed to ensuring our nation's ozone air quality standards are implemented to protect public health and the environment."