Free Republic

A federal appeals court on Thursday upheld Tennessee and Kentucky’s bans on gender-related medical interventions, such as puberty blockers, cross-sex hormones, and gender surgeries on children. The 6th Circuit Court of Appeals ruled 2-1 to reject a challenge to the laws from the American Civil Liberties Union (ACLU) and families of trans-identifying children. “This is a relatively new diagnosis with ever-shifting approaches to care over the last decade or two. Under these circumstances, it is difficult for anyone to be sure about predicting the long-term consequences of abandoning age limits of any sort for these treatments,” wrote Chief Judge Jeffrey...

Kentucky Governor Andy Beshear restored voting rights to nonviolent felons in 2019, but a group of convicted criminals argued Thursday that relief does not prevent a First Amendment challenge to the commonwealth's re-enfranchisement procedure. The lawsuit was originally filed in 2018 against then-Governor Matt Bevin, a Republican, and claimed Kentucky's re-enfranchisement protocol for felons – involving a decision by the governor alone – violated the First Amendment because it gave the governor "unfettered discretion" over a criminal's voting rights. Beshear, a Democrat, took office shortly thereafter and signed an executive order to restore voting rights to all nonviolent felons who...

In Ciraci v. J.M. Smucker Company, (6th Cir., March 14, 2023), the U.S. 6th Circuit Court of Appeals held that employees of a company that sells food products to the federal government may not assert a 1st Amendment free-exercise claim against the company for denying them a religious exemption from a COVID vaccine mandate imposed by the company after the federal government required government contractors to do so. The court said in part: Constitutional guarantees conventionally apply only to entities that exercise sovereign power, such as federal, state, or local governments.... Smucker’s may be a big company. But it is...

The Sixth Circuit U.S. Court of Appeals in Cincinnati on Thursday affirmed a lower court’s ruling that the vaccine mandate for federal contract workers is unconstitutional. The majority opinion stated that a broad interpretation of the mandate could provide the president “nearly unlimited authority to introduce requirements into federal contracts.” The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.” Judge Kurt Engelhardt, writing for the majority, demonstrated the fallacy of the government’s...

In Ermold v. Davis, (6th Cir., Sept. 29, 2022), the U.S. 6th Circuit Court of Appeals affirmed a Kentucky federal district court decision that Rowan County Clerk Kim Davis does not have qualified immunity in a suit against her for stopping the issuance of all marriage licenses to avoid issuing licenses to same-sex couples. The court said in part: [P]laintiffs have not only “alleged” but also now “shown” that Davis violated their constitutional right to marry.... And, as we held three years ago, that right was “clearly established in Obergefell.”The court held that insofar as Davis has raised a free...

Andre Mathis, President Biden’s nominee to the United States Court of Appeals for the Sixth Circuit, has had his driver’s license suspended on three separate occasions. Mathis has a history of habitual speeding, and his driver’s license was suspended on three separate occasions, according to state records. Mathis drove on a suspended license during all three periods. Driving on a suspended license is punishable by up to 6 months in jail and/or a $500 fine. Mathis explained his three license suspensions in a letter sent to the Senate Judiciary Committee. “I want to assure the Committee that I am a...

At today’s Senate Judiciary Committee hearing, Sen. Marsha Blackburn (R-TN) questioned Andre B. Mathis, nominee to be United States Circuit Judge for the Sixth Circuit. [6 min Video]

A federal appeals court upheld a decision to temporarily block the federal government’s COVID-19 vaccine mandate for federal contractors in three states.A judge in Louisville, Kentucky, issued a ruling blocking the mandate for Kentucky, Ohio, and Tennessee in November. And on Wednesday, the Sixth Circuit U.S. Court of Appeals upheld the injunction in a 2–1 ruling.The Sixth Appeals Court majority wrote in its Wednesday order that the injunction was upheld “because the government has established none of the showings required to obtain a stay.”States are “imminently threatened in their proprietary capacities should they renew those existing contracts (thus triggering the...

This afternoon a divided panel of the U.S. Court of Appeals for the Sixth Circuit rejected the Biden Administration's request for a stay of a lower court injunction barring enforcement of a COVID-19 vaccination requirement for employees of federal contractors in Ohio, Kentucky and Tennessee. Judge Bush wrote for the court in Commonwealth of Kentucky v. Biden, joined by Judge Suhrenreich. Judge Cole (who recently announced his intent to take senior status upon the confirmation of his successor) dissented.Here is how Judge Bush summarizes his opinion:In 1949, Congress passed a statute called the Federal Property and Administrative Services Act ("Property...

The appeals went to Kavanaugh because of geography – he oversees emergency appeals from the Sixth Circuit. The Supreme Court is not considering the full validity of the OSHA ETS on vaccines. It is only considering whether to temporarily halt the implementation of the rule while litigation in lower courts decides the issue on the merits. If the rule goes into effect when the Biden administration wants it to, tens of millions of workers in businesses across the country will be subject to the mandate and forced to either get a vaccination or submit to a weekly COVID testing regime....

After being struck down by lower courts, an appeals court has reinstated Joe Biden’s OSHA vaccine mandate for businesses with 100 or more employees. Around 80 million Americans will be directly affected by this ruling. After the 6th U.S. Circuit Court of Appeals ruled 2-1 that the U.S. Occupational Safety and Health Administration had the authority to Impose the mandate due to take effect Jan. 4, all eyes turn now to the Supreme Court where the final decision will be made. According to Just The News: “Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority...

A federal appeals court panel on Friday allowed President Joe Biden’s COVID-19 vaccine mandate for larger private employers to move ahead. The 2-1 decision by a panel of the 6th U.S. Circuit Court of Appeals reverses a decision by a federal judge in a separate court that had paused the mandate nationwide. The rule from the U.S. Occupational Safety and Health Administration was to take effect Jan. 4. With Friday’s ruling, it’s not clear when the requirement may be put in place. Republican-led states joined with conservative groups, business associations and some individual businesses to push back against the requirement...

A federal appeals court has reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers. The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers. In the decision Friday, the 6th Circuit noted that OSHA has historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

The Sixth Circuit Court of Appeals declined Wednesday to hear “en banc” the case against President Joe Biden’s rule forcing large private employers to vaccinate or COVID-19 test their employees. The Daily Wire, first to challenge the Biden mandate in the Sixth Circuit, is the lead plaintiff in the case against the federal rule after the Sixth Circuit was picked by lottery to consolidate and oversee the rule’s numerous legal challenges. The Daily Wire and others petitioned the court to hear the case “en banc,” or in front of all 16 judges on the court, for a vote on the...

Joe Biden’s vaccine mandate for federal contractors’ employees nationwide was shot down by a federal judge in Georgia on Tuesday. Joe Biden and his White House’s legally questionable vaccine mandate for federal contractors’ was halted nationwide by a federal judge on Tuesday, it was confirmed this morning. Set to take effect on January 4, 2022, the mandate applied to nearly one quarter of the entire United States workforce, as the mandate targeted all companies that do business with the federal government such as Microsoft, Google, Lockheed Martin, and General Motors. This latest vaccine mandate shutdown comes after Kentucky federal judge’s...

The Sixth Circuit Court has denied the federal government’s motion to transfer the Occupational Safety and Health Administration (OSHA) vaccine-or-test requirement lawsuit to a different court, while also rejecting the White House’s bid to dissolve a stay on the mandate, delivering a blow to the Biden administration’s efforts to press ahead with implementation. In a Dec. 3 ruling, the Sixth Circuit Court denied the government’s motion to transfer the case to the Fifth Circuit and the D.C. Circuit, while also rejecting as “moot” the Biden administration’s attempt to overturn a hold on the mandate. OSHA on Nov. 5 published an...

Federal Vaccine Mandate is Now *Suspended* Due to ‘Onslaught of Legal Challenges’ The Biden administration is in full retreat over its unlawful vaccine mandate. After wreaking havoc on the U.S. economy for months by mandating that federal contractors and businesses with more than 100 employees force employees to get ‘vaccinated’ for Covid-19, the White House is conceding it needs to suspend the authoritarian policy. The Occupational Safety and Health Administration announced that it was suspending the federal vaccine mandate’s enforcement: On Nov. 16, 2021, the federal Occupational Safety and Health Administration (OSHA) announced it is suspending all implementation and enforcement...

Sixth Circuit assigned the OSHA case.

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...

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...