Free Republic

A federal judge in New Jersey on Tuesday iced a new law celebrated by liberals that would allow the state to shut down, and likely bankrupt, the firearms industry if a single gun were misused in a crime. U.S. District Court Judge Zahid Quraishi, a Biden appointee, said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction. The judge, in a 20-page opinion, said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law that protects the...

In Ference v. Roman Catholic Diocese of Greensburg, (WD PA, Jan. 18, 2022), a Pennsylvania federal magistrate judge recommended denying a motion to dismiss filed by the Catholic Diocese in a Title VII sex-discrimination lawsuit by a Lutheran 6th-grade teacher in a Catholic school who was fired shortly after being hired when the school discovered that he was in a same-sex marriage. The Diocese had raised defenses based on Title VII's exemption for religious discrimination, the church autonomy doctrine, the ministerial exception and RFRA.

The U.S. Supreme Court declined Monday to consider an appeal by the city of Waco and McLennan County in lawsuits filed by bikers arrested in the 2015 Twin Peaks shootout that left nine bikers dead and 20 injured. Attorneys for the defendants asked the U.S. Supreme Court to review an April decision by a three-judge panel of the 5th U.S. Circuit Court of Appeals that reinstated the lawsuits of about 90 bikers whose civil rights cases were dismissed last year by U.S. District Judge Alan Albright of Waco. The federal appeals court panel reversed an Albright ruling that held a...

I reported earlier on some of the bombshells that the Missouri AG Andrew Bailey announced they’d discovered in the lawsuit against the Biden administration. The lawsuit, filed by the Missouri and Lousiana Attorneys General alleged the Biden administration had been colluding with Big Tech and social media to “suppress disfavored speakers, viewpoints, and content” on their platforms with “dis-information,” “mis-information” and “mal-information” labels.The Biden administration’s effort to squash speech extended to some pretty well-known names, including Tucker Carlson, Robert F. Kennedy, Jr, and Tomi Lahren. But it was clear that members of the Executive Office of the President were regularly...

‘Just desperate.’ Judge orders man accused in Pierce substation attacks held without bail BY JARED BROWN Police in Washington arrested two men in connection to a series of Christmas Day attacks on power stations in the Tacoma area. A U.S. District Court judge in Tacoma ordered one of the defendants charged with attacking four Pierce County substations on Christmas Day to be held in federal custody pending a grand jury indictment, despite a public defender’s insistence that the man facing a terrorism charge was motivated by poverty and should be in drug treatment. Federal pretrial services officials also recommended that...

On November 15, 2022, the United States Attorney in the Western District of Texas, Ashley C. Hoff, filed a Notice of Appeal to the United States District Court fro the Western District of Texas, Pecos Division in the case of USA v. Perez-Gallan. Previously, on November 10, 2022, Judge David Counts had issued a Memorandum Opinion dismissing the indictment to Litsson Antonio Perez-Gallan as invalid because it was unconstitutional under the United States Supreme Court decision in New York State Rifle & Pistol Association (NYSR&PA) v. Bruen decision, which restored the Second Amendment as a full-fledged member of the Bill...

Federal District Judge David Counts in the Western District of Texas has ruled the controversial federal law banning gun possession by a person who has been served with a restraining order for domestic violence is unconstitutional under the Second Amendment. The statute in question is 18 U.S.C. § 922(g)(8). This statute makes it a crime to possess a firearm if the person is subject to a court issued restraining order about domestic violence. The maximum term of imprisonment for violation of the statue is up to 10 years in prison. The actual wording of 18 U.S.C. §922(g)(8) is this:(g) It...

Monday’s order follows a ruling from U.S. Magistrate Judge Ivan Davis, who on Friday transferred the case back to Louisiana after Psaki attempted to fight the deposition in a Virginia court where she lives and would be deposed. Biden’s Justice Department supported her effort. "Ms. Psaki’s effort to eliminate or delay her deposition in this action had failed because of the swift action of two judges in widely dispersed courts, one in Virginia and one in Louisiana, and by the implausibility of her reasons for not testifying as to Federal efforts to censure social media that made quick resolution possible,"...

ALEXANDRIA, Va. (AP) — A judge refused Friday to quash a subpoena issued to former White House press secretary Jen Psaki that seeks her deposition in a lawsuit filed by Missouri and Louisiana, alleging that the Biden administration conspired to silence conservative voices on social media. Psaki filed a motion in federal court in Alexandria seeking to quash the subpoena, saying that she had no relevant information to provide and that a deposition would place an undue burden on her. The Justice Department supported her efforts to quash. U.S. Magistrate Ivan Davis said during a hearing Friday that he was...

The brand's packaging and website both disclose that many of its products are made in the U.S.A.Everyone knows Barilla pasta's blue box. The company refers to its "Classic Blue Box" on its website, and it has even become such a pasta aisle icon that one designer even based a limited-edition handbag on it. But some of the design elements on that box have gotten Barilla into a bit of a legal jam and, earlier this week, a federal judge in California ruled that a class-action lawsuit against the company could move forward. Two plaintiffs, Matthew Sinatro and Jessica Prost, took...

Wednesday’s decision by the Ninth Circuit Court of Appeals builds on a 2018 ruling involving the city of Boise, which found a person cannot be punished for sleeping in public if there’s nowhere else for them to go. A federal appeals court Wednesday upheld a ruling that found the city of Grants Pass in southern Oregon violated the constitutional rights of people experiencing homelessness through a series of ordinances designed to prevent sleeping outside on public property.In a 2-1 decision, judges on the Ninth Circuit Court of Appeals largely upheld a 2020 injunction issued by U.S. Magistrate Judge Mark Clarke,...

Today, a federal judge ordered the FBI to “produce the information it possesses related to Seth Rich’s laptop.” This case involves a multi-year fight by attorney Ty Clevenger to obtain records relating to the FBI/DOJ investigation of Seth Rich, particularly whether Rich was involved in the hack of the DNC or had communicated with Wikileaks. This fight dates back to 2017 and includes two FOIA lawsuit. In the first lawsuit, the FBI produced no responsive documents. The parties knew the FBI had something, and so this sparked a second lawsuit – where the FBI somehow found 20,000 pages of potentially...

A federal law prohibiting people under felony indictment from buying firearms is unconstitutional, a federal judge in Texas has concluded, citing a U.S. Supreme Court ruling that significantly expanded gun rights.

The Mar-a-Lago search warrant is interesting not only because of the high office of the individual whose papers were seized but also because of the low office of the person who signed it. The warrant illustrates the long-standing constitutional anomaly of letting magistrate judges sign search warrants. Leave aside how you feel about the former president. Leave aside what you think of January 6, 2021. Leave aside whether there was a good reason to issue the warrant. A more basic question is whether the Hon. Bruce Reinhart could constitutionally issue it. Under the Constitution, a Search Warrant Must Be Signed...

Former President Carter is taking the rare step of weighing in on judicial proceedings, saying that an appeals court is misinterpreting a conservation law he signed. On Monday, Carter filed a briefing chastising a ruling that upheld a Trump-era decision to build a road through a national wildlife refuge in order to enable medical evacuations nearby.

WASHINGTON, April 12 (Reuters) - A U.S. judge on Tuesday declined to jail two men accused of impersonating federal agents and supplying Secret Service personnel with gifts, dealing a blow to prosecutors who had argued that the defendants pose a danger and should be detained. "There's been no showing that national security information has been compromised," U.S. Magistrate Judge Michael Harvey said. Harvey ordered both men to remain in home confinement, subject to GPS monitoring, with their parents and that they surrender their passports and stay away from airports and embassies. Harvey agreed to stay his order until Wednesday morning...

A district judge, appointed by former President Donald Trump, has blocked President Joe Biden’s so-called “sanctuary country” orders that have successfully protected millions of illegal aliens from arrest and deportation over the last year.

CHICAGO (AP) — A judge in Chicago ruled Friday that an attorney for Jussie Smollett might have defamed two Black brothers who testified that they participated in a fake racist and homophobic attack on the actor when she suggested they had been wearing “whiteface.” U.S. District Judge Mary Rowland’s ruling centers on comments Tina Glandian made on NBC’s “Today” show in March 2019, shortly after the Cook County State’s Attorney announced it was dropping charges accusing Smollett of lying to police about the incident two months earlier. Discussing how Smollett had told police that one of his attackers was white,...

SANTA CRUZ — During a U.S. Department of Homeland Security search at a Lower Ocean neighborhood home early Wednesday, a Santa Cruz man was taken into custody in a child pornography-related investigation. Court records for the case, filed late last month in the U.S. Northern District Court, were sealed by Magistrate Judge Donna M. Ryu as of this week. However, an online case description cites federal code for alleged crimes relating to material involving the sexual exploitation of minors. According to a copy of the executed search warrant shared with the Sentinel, the raid occurred on the 100 block of...

A federal judge in Missouri has issued a temporary hold on the Biden administration’s COVID-19 vaccine mandate for federal contractors in 10 U.S. states while litigation plays out.“We just beat the Biden Administration in court again,” Missouri Attorney General Eric Schmitt announced on Twitter late Monday. “This afternoon, we obtained a preliminary injunction against the vaccine mandate on federal contractors, halting enforcement of that mandate in Missouri and the other states in our coalition.”The preliminary injunction, issued by U.S. Magistrate Judge David Noce, applies to Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. Schmitt...