Free Republic

While Vitolo only addressed the race- and sex-based discrimination in the American Rescue Plan Act of 2021, it could prove fatal to many federal and state statutes, regulations, and practices. =========================================================================== Last week, while the press drooled over the president’s ice cream selection, the Sixth Circuit Court of Appeals in Vitolo v. Guzman declared unconstitutional the Biden administration’s race-based approach to distributing COVID-relief funds. While Vitolo only addressed the race- and sex-based reverse discrimination in the American Rescue Plan Act of 2021, the precedent could prove fatal to many other federal and state statutes, regulations, or practices, leaving the Biden...

Judge Carol Bagley Amon’s opinion exposed the deceit of abortion apologists and the symbiotic relationship between them and the New York attorney general’s office.On Friday, in a rare move, the Second Circuit Court of Appeals pulled a 100-plus page opinion it had issued in March against a group of pro-life protestors. The short three-sentence order in People of the State of New York v. Griepp—in which the court, without elaboration, granted rehearing of the case, vacated its previous opinion, and reinstated the district court’s decision—tells none of the bigger story of this continuing saga: a story of complicity between the...

Yesterday evening, a divided panel of the U.S. Court of Appeals for the Sixth Circuit granted a temporary injunction barring the Small Business Administration from prioritizing applications for COVID-19 relief funding based upon the race or sex of the business owner applying for the relief. Judge Amul Thapar wrote for the court, joined by Senior Judge Alan Norris. Judge Bernice Donald dissented. Judge Thapar’s opinion in Vitolo v. Guzman begins with a simple and straightforward description of the case and holding: “This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex...

Did you hear that Joe Biden’s Department of Justice wanted the Supreme Court to rule that police could search Americans’ homes for firearms — and confiscate them — without a warrant?In the case of Caniglia vs. Strom, this issue was in play. Had SCOTUS ruled that police could do that, your Second Amendment rights would have been in grave jeopardy.In March, Biden’s DoJ filed a brief with the Supreme Court in this case. It said:In its first amicus brief before the Supreme Court, the Department of Justice argued the actions taken by law enforcement to confiscate the petitioner’s firearms without...

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force colonel for using a racial epithet at the shoe store on the Marine base at Quantico, Virginia. Jules A. Bartow, who is white, was arrested after a bizarre and disgraceful exchange with an employee, including the use of the “n word” with the African American woman. The highly offensive and repugnant language of Bartow was denounced by the court, but the unanimous panel still reversed T.S. Ellis III, Senior District Judge of...

Last month, the city and county of Los Angeles filed an appeal of a sweeping injunction from U.S. District Judge David O. Carter ordering urgent action to get people off skid row. In their appeal to the 9th Circuit, the city and county asked for the deadlines to be suspended while their appeal is heard. The appellate court didn’t grant that request outright. Instead, the panel of judges paused the order until June 15 and asked for more information on how granting the stay pending appeal sought by the city and county might affect the case before Carter.

Appeals court panel says interstate haulers are not exempt from AB 5 law. Interstate truckers could soon come under California’s highly restrictive independent contractor law because of a recent federal appeals court decision. A three-judge panel for the U.S. Ninth Circuit Court of Appeals voted 2-1 that a federal law called the Federal Aviation Administration Authorization Act (FAAAA) does not preclude application of the state’s AB 5 contractor law to trucking companies operating in interstate commerce. In early 2020, before the new law went into effect, a federal district court judge granted an injunction barring the state from enforcing it...

The case shows the judiciary is just as fractured as the rest of America, and leftist judges are defiantly ignoring Supreme Court and circuit precedent.On Friday, in a procedural oddity, the Sixth Circuit Court of Appeals voted to hear the initial appeal in Bristol v. Slatery as a full court, rather than allowing the case to proceed as normal before a three-judge panel. The case involved abortion, and the takeaways are two-fold: The judiciary is just as fractured as the rest of America, and leftist judges are defiantly ignoring Supreme Court and circuit precedent.To understand the significance of the Sixth...

Over a conservative judge’s angry dissent, a federal appeals court refused Thursday to let a group of Republican-led states try to revive a Trump administration rule that denied legal status and work permits to noncitizens who accept public benefits, such as food stamps and Medicaid.

Dec. 11 (UPI) -- The U.S. government on Friday plans to execute a man convicted of killing his 2-year-old daughter nearly two decades ago. Alfred Bourgeois, 55, is set to receive lethal injection at the U.S. Penitentiary in Terre Haute, Ind. He's awaiting a Supreme Court decision on his request for a stay. His attorneys said Bourgeois' execution would be unconstitutional because he is intellectually disabled and can't understand his punishment. They submitted evidence of IQ test scores of 70 and 75, as well as assessments by experts. The Eighth Amendment bans executing people with such impairments as cruel and...

Supreme Court Justice Samuel Alito has rejected a request from a Louisiana pastor who’d sought emergency relief from criminal charges he faces for the apparent crime of holding large church services in contravention of the state’s coronavirus rules. ... As the months passed, Spell wound up accruing three additional charges, making for a total of nine. Now fast-forward to last week, when he filed a motion with Justice Alito requesting an injunction against the charges he faces. ... For reasons that remain unclear, Alito outright rejected the request — meaning it won’t receive a full hearing in the Supreme Court...

A federal appeals court on Friday ruled that ordinances in Florida banning the licensed counseling of people with unwanted same-sex attractions are unconstitutional violations of the freedom of speech. "We hold that the challenged ordinances violate the First Amendment because they are content-based regulations of speech that cannot survive strict scrutiny," the ruling from the 11th U.S. Circuit Court of Appeals said. The decision was the first from a federal appeals court laws against so-called "conversion therapy" – a term rejected by proponents – since a 2018 U.S. Supreme Court ruling. In NIFLA v. Becerra, the high court ruled the...

In Agudath Israel of America v. Cuomo, (2d Cir., Nov. 9, 2020), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision refused to grant an injunction pending appeal to a group of Jewish synagogues and to the Catholic Diocese of Brooklyn in a case challenging New York Gov. Andrew Cuomo's restrictions on spots in which clusters of COVD-19 cases have broken out. (See prior posting.) The majority said in part: The Court fully understands the impact the executive order has had on houses of worship throughout the affected zones. Nevertheless, the Appellants cannot clear the high bar necessary...

On a sunny Friday afternoon in July 2014, James King, a 21-year-old college student, was walking to a summer job in Grand Rapids, Michigan, when he was accosted by two unshaven men wearing jeans and baseball caps who asked his name and grabbed his wallet. When King tried to flee, the men tackled him, choked him unconscious, and punched him in the face over and over again. The men, it turned out, were cops, and for six years King has been trying to hold them accountable for their actions that day. Next Monday the U.S. Supreme Court will consider whether...

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Involved parties: Michigan Eastern District Judge Stephanie Dawkins Davis [Trump judge] Sixth Circuit Court of Appeals three-judge panel: Overrules Davis 2-1. Majority opinion by Judges Danny J. Boggs [Reagan judge] and Debora L. Cook [Dubya judge]. Judge R. Guy Cole Jr. [RapinBill judge], chief judge for the Sixth Circuit, dissented.

A federal court in California on Thursday ruled against President Trump's order to exclude undocumented immigrants from the census count for apportioning congressional seats, dealing the administration its second court loss over the July executive memorandum. A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census. "The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history," the panel wrote in a 90-page decision. The order forbids the Commerce...

State has 14 days to ask full 5th Circuit to hear caseTexas Right to Life responded yesterday to the 2-1 decision: The United States Court of Appeals for the Fifth Circuit ruled against the Texas Dismemberment Abortion Ban, upholding the district court ruling that blocked enforcement of the Pro-Life law. After a three-year wait, the decision by the three-judge panel is disappointing and demonstrates the need for judges who follow the strictest interpretation of the Constitution. However, Texas must continue the legal battle to force a federal circuit court split, pressuring the Supreme Court of the United States to evaluate...

On August 26, 2020 the U.S. Court of Appeals for the Fourth Circuit issued its decision in the case of Gavin Grimm v. Gloucester County School Board. The decision declared that rights of the plaintiff Gavin Grimm, a female student who considers herself male, were violated because the school board denied Grimm the right to access the boys' restroom and refused to amend school records to call her "male" after a court had ordered the state of Virginia to issue a new birth certificate indicating Grimm as a male. In justifying its opinion, the Court made many findings of fact...

The 9th Circuit Court of Appeals on Friday ruled that President Trump’s use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administration’s effort to limit immigration. In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction ... from using military construction funds...