Keyword: 3judgepanel
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A federal appeals court ruled Thursday against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 insurrection at the Capitol. In a 68-page ruling, the three-judge panel tossed aside Trump's various arguments for blocking through executive privilege records that the committee regards as vital to its investigation into the run-up to the deadly riot aimed at overturning the results of the 2020 presidential election. Judge Patricia Millett, writing for the court, said Congress had “uniquely vital interests” in studying the events of Jan. 6 and said President Joe Biden had made...
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PHOENIX (AP) — A federal appeals court ruled Wednesday that Arizona doesn’t have to give voters who forget to sign their mail ballot time after the election to resolve the issue, rejecting a lawsuit filed by Democrats. The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, overturned a lower-court ruling that found it’s unconstitutional for Arizona to give voters time after an election to resolve mismatched signatures but not missing signatures. The appellate judges said Arizona’s interest in reducing the burden on busy poll workers justifies the disparity. The overwhelming majority of Arizona voters cast mail ballots, which...
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A federal appeals court overrode a three-judge panel decision Wednesday, restoring an injunction blocking President Joe Biden’s “sanctuary country” orders as legal challenges continue.These “sanctuary country” orders are directions by top officials in the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). They require immigration agents to delay the deportation of illegal aliens until they have been convicted of aggravated felonies.In August, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued a preliminary injunction blocking the sanctuary country orders following a lawsuit from the states of Texas and Louisiana.However, a three-judge...
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WASHINGTON (Reuters) - A U.S. appeals court on Friday tossed out greenhouse gas emissions rules for heavy-duty truck trailers, ruling two government agencies had exceeded their authority. The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) in 2016 set rules for the first time requiring trailer manufacturers to adopt fuel-saving technologies like side skirts and automatic tire pressure systems. An industry group challenged the rule, which was put on hold by the court pending the review. The administration of then-President Barack Obama said it was important to regulate the fuel efficiency of the trailer portion of commercial...
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A U.S. appeals court on Friday affirmed its decision to put on hold an order by President Joe Biden for companies with 100 workers or more to require COVID-19 vaccines, rejecting a challenge by his administration.The 5th U.S. Circuit Court of Appeals in New Orleans upheld the ruling despite the Biden administration saying on Monday that halting implementation of the rule could lead to the deaths of dozens or even hundreds of workers.
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President Biden’s much-touted vaccine mandate for businesses with 100 employees or more met a roadblock on Saturday when the U.S. Court of Appeals for the Fifth Circuit Court issued a temporary stay blocking the mandate while considering a permanent injunction. The ruling from a three-judge panel on Saturday resulted from a stay sought by the states of Texas, Utah, Mississippi and South Carolina, as well as several businesses that opposed the Biden plan. The states and businesses filed a petition of review of the agency action, which goes directly to a federal appeals court instead of a one-judge federal district...
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WASHINGTON, Nov 6 (Reuters) - A U.S. federal appeals court issued a stay Saturday freezing the Biden administration's efforts to require workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing "grave statutory and constitutional" issues with the rule.The ruling from the United States Court of Appeals for the Fifth Circuit comes after numerous Republican-led states filed legal challenges against the new rule, which is set to take effect on Jan 4.
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JUST IN - 5th Circuit panel believes the OSHA vaccine mandate has "grave statutory and constitutional issues". Biden admin ordered to respond by 11-8-21. Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate, Texas Governor Abbott announces.
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https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf
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The nation’s most restrictive abortion law remains in place for now, after a federal appeals court on Thursday sided with the state of Texas. In a brief 2-1 order, the U.S. Court of Appeals for the 5th Circuit refused the Justice Department’s request to reinstate an earlier court ruling that had blocked enforcement of the Texas law, which bars the procedure as early as six weeks into pregnancy and makes no exceptions for rape or incest. The brief order, which is expected to be appealed the Supreme Court, was backed by Judges James C. Ho, a nominee of Donald Trump,...
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Sixteen unvaccinated athletes won another round in their legal battle to play sports, despite Western Michigan University’s mandate that all of its inter-collegiate athletes get the COVID-19 vaccination shot. In a unanimous published decision issued Oct. 7, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio, held that the university violated the athletes’ First Amendment rights. All 16 athletes had filed for religious exemptions, which, according to the court, the university “ignored or denied.” The court stated: “The university put plaintiffs to the choice: Get vaccinated, or stop fully participating in intercollegiate sports. By conditioning the privilege...
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A federal court has sided with college athletes seeking a religious exemption from a university’s COVID-19 vaccine mandate, preventing the school from enforcing the mandate against the plaintiffs. A three-judge panel on the U.S. Court of Appeals for the Sixth Circuit sided with a group of 16 student-athletes at Western Michigan University, upholding a lower court decision finding that the school violated their First Amendment rights by denying their requests for religious exemptions from the requirement that all student-athletes take the coronavirus vaccine. The decision noted that “in some cases, the university denied the student-athlete’s application” for a religious exemption...
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A federal appeals court reinstated Texas’ controversial "fetal heart beat" abortion ban on Friday night, days after a lower court suspended the Republican-backed law. The 5th U.S. Circuit Court of Appeals issued a temporary stay, effectively pausing U.S. District Judge Robert Pitman’s decision to grant a temporary restraining order against the abortion ban earlier this week. Texas Attorney General Ken Paxton, a Republican, had appealed the lower court’s decision. "Great news tonight, The Fifth Circuit has granted an administrative stay on #SB8. I will fight federal overreach at every turn," Paxton wrote on Twitter after the decision. The appeals court...
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Jack Posobiec @JackPosobiec ·33m BREAKING: Federal circuit court reinstates Texas heartbeat abortion ban 8:55PM • Oct 8, 2021
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A federal appeals court on Tuesday rejected efforts by four Democratic-leaning U.S. states to overturn former Republican President Donald Trump's decision to limit federal deductions on state and local taxes. In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan said the federal government had authority to impose a $10,000 cap on the state and local taxes that households' itemizing deductions could write off their federal returns. The decision is a defeat for New York, Connecticut, Maryland and New Jersey, which challenged the so-called SALT cap implemented as part of a $1.5 trillion tax overhaul in 2017....
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What does it take to hold federal police accountable for using excessive force? That question is once again being raised with cases being appealed to the U.S. Supreme Court. And it’s coming to the Justices in the form of a petition from Kevin Byrd, a Texas mechanic who was almost shot to death by a federal officer in a dispute over a purely personal matter. Kevin is not fighting alone. The Institute for Justice (IJ) represents him in his U.S. Supreme Court appeal.
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A federal appeals court ruled against Tennessee’s abortion restrictions on Friday, nine days after another pro-life “heartbeat” law went into effect in Texas. In July 2020, Tennessee enacted a law restricting abortions at several stages in pregnancy, including abortions conducted after detection of a fetal heartbeat which can occur as early as six weeks post gestation. The law also prohibited abortions conducted because of the race or sex of the baby, or because of a Down syndrome diagnosis. On Friday, a three-judge panel of the Sixth Circuit ruled against both provisions, upholding a lower court’s ruling that halted them from...
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A three-judge panel on Wednesday halted a Texas judge’s order that blocked President Joe Biden’s so-called “sanctuary country” orders that have forced the Immigration and Customs Enforcement (ICE) to release criminal illegal aliens back into the United States. On Wednesday, two judges appointed by former President Barack Obama and a judge appointed by former President George W. Bush put the brakes on Judge Drew Tipton’s order last month that struck down Biden’s orders that prevent ICE from arresting and detaining most criminal illegal aliens. Judge Gregg Costa writes that the panel’s “main concern” with Tipton’s injunction “is that we believe...
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A three-judge panel on Wednesday halted a Texas judge’s order that blocked President Joe Biden’s so-called “sanctuary country” orders that have forced the Immigration and Customs Enforcement (ICE) to release criminal illegal aliens back into the United States. ..... Snip..... With the court’s decision, DHS no longer has to abide by Tipton’s reporting requirements. The decision also means DHS can continue imposing its “sanctuary country” orders as the case makes its way through the courts. In February, the orders instructed ICE agents not to arrest and deport illegal aliens who had not been identified as terrorists, gang members, or were...
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DETROIT (AP) — A Catholic school in Lansing has lost an appeal over a Michigan policy that required masks on young kids earlier in the pandemic. Although the statewide mandate ended, some counties are stepping in and requiring masks in schools when the 2021-22 year starts. Resurrection School and some parents sued in 2020, saying a state mask order violated the free exercise of religion, among other objections. A judge, however, refused to intervene and issue an injunction. The 6th U.S. Circuit Court of Appeals affirmed that decision Monday.
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