Free Republic

The measure barred trans women and girls of all ages from participating in female sports teams at public schools in the state, from primary school through college. A federal appeals court on Thursday refused to allow Idaho to enforce a first-in-the-nation ban on transgender women and girls from participating in female sports leagues, saying the measure likely was unconstitutional. A 9th U.S. Circuit Court of Appeals panel delivered a victory to LGBTQ rights advocates by upholding an injunction blocking Idaho’s Fairness in Women’s Sports Act, the first of many such laws to be enacted by Republican-led states. “This is an...

A federal appeals court on Monday vacated a water permit needed by developers to restart construction on the Mountain Valley pipeline in West Virginia, marking the latest setback for the $6.2 billion project. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals found several defects in the review the West Virginia Department of Environmental Protection conducted before issuing the permit.

The Eleventh Circuit Court of Appeals has struck down Tampa, Florida's ban against talk therapy for minors seeking freedom from unwanted same-sex attraction. The city had tried to block licensed therapists from providing voluntary counseling to those minors. The federal appeals court ruled on Thursday that the ban is unconstitutional under the First Amendment.... The latest ruling is based on Liberty Counsel's previous victory in Otto v. City of Boca Raton in which the Eleventh Circuit had ruled that similar attempts to muzzle counselors from helping their clients in Palm Beach County and the City of Boca Raton were unconstitutional...

The U.S. Court of Appeals for the Ninth Circuit has declined to reconsider its decision to uphold the dismissal of a case over the practice known as “conversion therapy,” teeing up a circuit split that may ultimately land the case before the U.S. Supreme Court. Licensed marriage and family therapist Brian Tingley sued Washington state in 2021, claiming that a 2018 law that prohibited licensed mental health professionals from subjecting minors to conversion therapy violated his First Amendment rights. The Ninth Circuit issued its decision Monday not to rehear the appeal of a Washington state therapist’s challenge to a 2018...

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...

RICHMOND, Va. (AP) — A federal ruling that gender dysphoria is covered by the Americans with Disabilities Act could help block conservative political efforts to restrict access to gender-affirming care, advocates and experts say. A panel of the 4th U.S. Circuit Court of Appeals last week became the first federal appellate court in the country to find that the 1990 landmark federal law protects transgender people who experience anguish and other symptoms as a result of the disparity between their assigned sex and their gender identity. The ruling could become a powerful tool to challenge legislation restricting access to medical...

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.”

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...

The U.S. Court of Appeals for the Ninth Circuit sided with a California seminary on Monday, ruling that it is entitled to ignore federal anti-discrimination law and expel students in same-sex marriages. Graduate students Nathan Brittsan and Joanna Maxon... sued the seminary, claiming that Fuller Theological Seminary accepts federal funding and is therefore bound by Title IX’s anti-discrimination mandate. In turn, the school argued that it is entitled to a defense based on what is known as the “religious exemption” under 20 U.S.C. § 1681(a)(3). ...

On December 13, a three-judge panel of the Court of Appeals for the Fifth Circuit affirmed an order issued by Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas, enjoining the Biden administration’s June 1 termination of the Migrant Protection Protocols (MPP), better known as “Remain in Mexico”. The circuit court’s decision is a doozy, and I trust the Biden administration is chastened by the exercise. History of Remain in Mexico, and the Biden Administration’s Attempts to End It. In a November 4 post, I provided a full run-down of the Remain in Mexico saga...

President Biden and his Department of Justice were unsuccessful in arguing to the 8th Circuit Court of Appeals to lift an injunction against his vaccine mandate for healthcare workers. Missouri’s Attorney General Eric Schmitt posted the one-page order to Twitter on Monday afternoon. "The 8th Circuit Court of Appeals denied the Department of Justice's motion for stay pending appeal in our lawsuit against the vaccine mandate on healthcare workers, meaning our injunction will stay in place." The legal battles within the United States over mandating a Coronavirus vaccine have been ongoing through the final weeks of 2021.

Yesterday, the D.C. Circuit Court of Appeals rejected former President Donald Trump’s claim of executive privilege, holding that the archivist of the United States could provide a tranche of Trump’s presidential records to the House’s “Select Committee to Investigate the January 6th Attack on the United States Capitol.”In a unanimous ruling, the federal appellate court concluded that President Biden’s conclusion that “an assertion of executive privilege is not in the best interests of the United States” controlled and that the archivist, therefore, must hand over the first of three sets of documents requested. The court added, however, that it would...

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...

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...

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...

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...

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.

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...

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.