Free Republic

A three-judge panel in the Court of Appeals for the Second Circuit has delivered a critical decision affirming Fourth Amendment protections and the right to keep and bear arms.On November 12, 2018, Basel Soukaneh’s life was significantly disrupted. Soukaneh was looking for a house he was considering purchasing, but the GPS on his phone, held in a holder on the dash of his car, had frozen. He was unfamiliar with the area. Soukaneh pulled over to correct the problem, left the engine running, and had the interior lights on. A Waterbury police officer quickly knocked on his window and demanded...

That conduct, as alleged by Plaintiff-Appellee Basel Soukaneh, is that in the course of a routine traffic stop, Andrzejewski unlawfully and violently handcuffed and detained Soukaneh in the back of a police vehicle for over half an hour and conducted a warrantless search of Soukaneh’s vehicle after Soukaneh presented a facially valid firearms permit and disclosed that he possessed a firearm pursuant to the permit. On appeal, Andrzejewski argues we should reverse the district court’s denial of qualified immunity because the presence of the lawfully owned firearm in the vehicle gave him the requisite probable cause to detain Soukaneh, search...

Voters in Arizona who register with the state and do not provide proof of citizenship will be rejected. "This is a victory for election integrity in Arizona. Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters. We are grateful the court is upholding this provision in our law, and it's time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races."

Officials tried to use a novel interpretation of tax law to expand the reach of Title IX regulations. This ruling put a stop to that. . A federal court of appeals ruling last month protects nonprofits (including private schools and homeschools) from federal overreach in the context of Title IX regulations. Schools that receive government money have to abide by Title IX, but the court found that having 501(c)(3) status is not enough to put a private school into that category. The ruling means private schools cannot be subject to Title IX solely because of their status with the IRS....

A Catholic school in North Carolina was within its legal rights to dismiss a substitute teacher because he was in a same-sex marriage, a federal appeals court ruled.A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled on Wednesday that Charlotte Catholic High School could fire Lonnie Billard for marrying a man.Circuit Judge Pamela Harris, an Obama appointee, authored the majority opinion, concluding that the Catholic school was protected by the "ministerial exception," noting that Billard's employment involved an inherently religious element."We conclude that the school entrusted Billard with 'vital religious duties,' making him a 'messenger' of its...

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...

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). ...

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...

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....

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.