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Keyword: 5thcircuit

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  • Deb Haaland’s Oil and Gas Stall. The Interior Secretary ignores a federal judge on drilling leases.

    07/25/2021 8:41:32 AM PDT · by karpov · 28 replies
    Wall Street Journal ^ | July 23, 2021 | WSJ Editorial Board
    A federal judge in Louisiana last month blocked President Biden’s suspension of new oil and gas leasing on federal land and ordered the Administration to resume auctions. Interior Secretary Deb Haaland on Thursday gave the judge the back of her hand. The Biden Administration in January imposed a “pause” on oil and gas leasing on public lands nationwide while the Interior Department performed an environmental review of the program. The review still isn’t done, and Interior still hasn’t announced leasing sales despite federal Judge Terry Doughty’s ruling that the pause violated the law. Ms. Haaland’s line has been that the...
  • 5th Circuit: Ban On Proselytizing At Outdoor Market Violates Free Speech Rights

    07/10/2021 7:05:05 PM PDT · by marshmallow · 3 replies
    Religion Clause ^ | 7/8/21 | Howard Friedman
    In Denton v. City of El Paso, Texas, (5th Cir., July 6, 2021), the U.S. 5th Circuit Court of Appeals remanded the case to a Texas federal district court ordering it to grant a preliminary injunction barring El Paso from prohibiting religious proselytizing at the weekly outdoor El Paso Art and Farmers Market. The city's rules bar fundraising, political campaigning and religious proselytizing from the market. The court held that these exclusions are content-based, and concluded: It is unclear whether the City has asserted a compelling government interest. We need not decide this issue ......
  • Texas judge denies US citizen due process rights, sends her before Islamic Sharia tribunal instead

    07/08/2021 4:26:38 AM PDT · by gattaca · 74 replies
    USSA News ^ | July 7, 2021 | Phil Shiver
    A judge in Texas earlier this year effectively denied a U.S. citizen her constitutionally protected due process rights, choosing instead to order her to appear before an Islamic tribunal where her testimony is considered inferior. And when her lawyers sounded the alarm — the judge doubled down. What are the details? In March, Collin County District Judge Andrea Thompson ordered a Muslim woman seeking a divorce from her husband to undergo arbitration not through regular channels but through an Islamic court, also known as a Fiqh Panel — a move that the woman’s lawyers argue is an obvious and unconscionable...
  • BREAKING: Federal Judge Halts Biden Attack on American Energy

    06/15/2021 7:53:35 PM PDT · by SeekAndFind · 4 replies
    Red State ^ | 06/15/2021 | Steve Maley
    In a victory for oil-producing states and the American consumer, a federal judge issued an injunction barring the president and Department of the Interior officials from implementing a “pause” that stopped new federal lease sales and the issuance of new leases previously won in competitive bidding.Twelve states (Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia) joined Louisiana, led by Attorney General Jeff Landry, in bringing suit in the Western District of Louisiana.In a press release, AG Landry comments:“This is a victory not only for the rule of law, but also for the thousands of...
  • Federal judge blocks Biden moratorium on new oil, gas leases

    06/15/2021 8:45:29 PM PDT · by conservative98 · 25 replies
    NY Post ^ | June 15, 2021 | 9:56pm | By Samuel Chamberlain
    A Louisiana federal judge issued an order lifting President Biden’s moratorium on new oil and gas leases on federal land Tuesday, ruling that the White House did not give any “rational explanation” for implementing the pause. US District Judge Terry Doughty sided with 13 states in granting a preliminary injunction that applies nationwide. The states challenging the moratorium were Louisiana, Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. Louisiana Attorney General Jeff Landry hailed Doughty’s ruling as “a victory not only for the rule of law, but also for the thousands of workers who...
  • Federal judge in Louisiana lifts Biden suspension of new oil and gas leases on U.S. land and water

    06/15/2021 5:07:24 PM PDT · by CFW · 20 replies
    MarketWatch ^ | 6/15/2021 | AP
    NEW ORLEANS (AP) — The Biden administration’s suspension of new oil and gas leases on federal land and water was blocked Tuesday by a federal judge in Louisiana, who ordered that plans be resumed for lease sales that were delayed for the Gulf of Mexico and Alaska.
  • Breaking: Federal Court Declares Unconstitutional CDC Eviction Moratorium

    02/26/2021 10:38:33 AM PST · by 1Old Pro · 50 replies
    Reason ^ | 2/25/2021 | Josh Blackman
    The federal government thus claims authority to suspend residential evictions for any reason, including an agency's views on "fairness." Id. at 53:11-23. Given the open-textured nature of the relevant constitutional text, "the question of congressional power under the Commerce Clause 'is necessarily one of degree.'" United States v. Lopez, 514 U.S. 549, 566 (1995) (quoting NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 37 (1937)). Reasonable minds may differ given the lack of "precise formulations." Id. at 567. But here, after analyzing the relevant precedents, the court concludes that the federal government's Article I power to regulate interstate...
  • For 2nd straight day, U.S. gov't to execute federal prisoner on Friday

    12/11/2020 6:07:43 AM PST · by Red Badger · 33 replies
    UPI ^ | Dec. 11, 2020 / 6:44 AM | By Danielle Haynes
    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...
  • Baffling: Supreme Court rejects pastor’s case involving violations of the ban on large gatherings

    11/28/2020 12:34:38 PM PST · by LibertyWoman · 64 replies
    BPR ^ | 11/28/2020 | Vivek Saxena
    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...
  • Divided 5th Circuit Court of Appeals Panel Rules Against Texas Ban on Dismemberment Abortions

    10/20/2020 5:44:14 PM PDT · by marshmallow · 14 replies
    National Right to Life News ^ | 10/14/20 | Dave Andrusko
    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...
  • Court grants temporary stay, allowing Texas governor's directive for limited drop box locations to continue

    10/11/2020 9:53:55 AM PDT · by prairiebreeze · 23 replies
    CNN ^ | October 10,2020 | Hollie Silverman
    A federal appeals court on Saturday granted a temporary administrative stay, allowing Texas Gov. Greg Abbott's directive for one location per county for ballot drop boxes to remain in place for now. The grant from the United States Court of Appeals for the Fifth Circuit means the directive from Abbott, a Republican, will stand until the court has considered the state's motion for a stay on its merits. Texas Attorney General Ken Paxton had filed an emergency motion Saturday for a stay pending appeal to block a district court order that would have allowed county officials to accept hand delivery...
  • Federal judge blocks Gov. Abbott’s order limiting number of mail ballot drop-off sites in Texas

    10/09/2020 9:48:47 PM PDT · by Coronal · 25 replies
    The Dallas Morning News ^ | October 9, 2020 | James Barragán
    AUSTIN -- A federal judge in Austin blocked Gov. Greg Abbott’s order limiting the number of mail ballot drop-off sites a county can have. In an order issued late Friday night, U.S. District Judge Robert Pitman of Austin put on hold Abbott’s order thereby allowing counties to have multiple mail ballot drop-off sites. The order said agents of the state are blocked from taking any action to inhibit election administrators from offering more than one drop-off location for ballots in their respective counties. The decision, issued by a Barack Obama appointee, is a blow to Abbott who argued the drop-off...
  • One Judge Confirmed This Week

    06/27/2020 3:22:46 AM PDT · by cotton1706 · 10 replies
    This will be a weekly post. Count is now 198 judges confirmed 143 District Court judges 53 Circuit Court judges 2 Supreme Court justices This week Cory Wilson was confirmed to the 5th Circuit Court of Appeals vacancy. For a long while this vacancy was in limbo since Mick Mulvaney convinced President Trump to appoint one of his cronies, Sul Ozerden, to the seat. Ozerden wasn't sufficiently conservative so kept getting votes delayed in committee, then Senators Hawley and Cruz refused to support him. The Ozerden nomination then quietly expired with the congressional session. Wilson was nominated, and is now...
  • No vacancies left: Senate approves Trump’s 200th federal judge

    06/24/2020 2:04:47 PM PDT · by cotton1706 · 46 replies ^ | 6/24/20 | Matthew Daly
    WASHINGTON — The Senate has approved the nomination of a Mississippi judge to a federal appeals court, the 200th federal judge named by President Donald Trump and confirmed by the Republican-controlled chamber. It’s the highest number of judicial nominees confirmed at this stage of a presidency in four decades. Cory Wilson was elevated to a seat on the New Orleans-based 5th U.S. Circuit Court of Appeal despite Democratic objections that he has a record of working to undermine voting rights of African Americans and other minorities. Approval came on a nearly party-line, 52-48 vote Wednesday. Maine Sen. Susan Collins was...
  • US 5th Circuit: "The First Amendment does not allow our leaders to decide which rights to honor and which to ignore." (my title)

    06/19/2020 2:07:37 AM PDT · by abb · 15 replies
    U. S . Court of Appeals, Fifth Circuit ^ | June 18, 2020 | Gregg Costa & James Ho
    For people of faith demoralized by coercive shutdown policies, that raises a question: If officials are now exempting protesters, how can they justify continuing to restrict worshippers? The answer is that they can’t. Government does not have carte blanche, even in a pandemic, to pick and choose which First Amendment rights are “open” and which remain “closed.” Instead, laws that burden religion while exempting the non-religious must pass strict scrutiny. SeeChurch of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993). The burden on religion “must be justified by a compelling governmental interest,” and the...
  • McConnell Is Pushing Through Another Trump Judge Who’s Gunning for Obamacare

    05/20/2020 5:35:11 PM PDT · by cotton1706 · 35 replies ^ | 5/20/20 | MARK JOSEPH STERN
    Wilson might as well have been hatched in a Federalist Society lab; his lengthy political record reveals a deep commitment to Republicans’ political goals. Alliance for Justice, a progressive group that has opposed most of Trump’s judicial nominees, compiled a record of Wilson’s many controversial positions. Examples of his partisanship are not difficult to find. Wilson called Barack Obama “King Barack,” “petty and small,” “a fit-throwing teenager,” the “Anointed One,” a “radical leftist,” and “shrill, dishonest, and intellectually bankrupt.” He charged Obama with running the “most paranoid and politicized White House since Nixon.” He has also called Hillary Clinton “Crooked...
  • Federal appeals court ruling allows 'medication abortion' in Texas while legal challenge continues

    04/14/2020 4:36:35 PM PDT · by Morgana · 6 replies
    CNN ^ | April 14, 2020 | Ariane de Vogue, CNN Supreme Court Reporter
    (CNN)A federal appeals court late Monday night ruled in favor of supporters of abortion rights and allowed an abortion procedure called "medication abortion" to be used in Texas while an ongoing legal challenge continues. The order by the 5th US Circuit Court of Appeals is the latest development in a lawsuit that has been bouncing between federal courts in Texas, causing chaos on the ground for clinics and patients in the state. Monday's ruling is temporary, but it could stall or maybe even avert a potential Supreme Court showdown over the issue. The controversy began last month when Texas Gov....
  • Texas Appeals Judge’s Ruling That Abortion Clinics Can Kill Babies Instead of Helping Coronavirus Patients

    03/31/2020 1:24:16 PM PDT · by Morgana · 6 replies
    Life News ^ | March 31, 2020 | Steven Ertelt
    The state of Texas is not going to just roll over and allow a federal judge to authorize Texas abortion clinics to keep killing babies in abortions instead of obeying the governor’s order to halt non-essential medical procedures. The order helps support hospitals and medical clinics that need additional medical gear and supplies to treat patients with the coronavirus. As reported yesterday, a federal judge in Texas with a long history of siding with abortion advocates ruled today that Texas abortion centers can defy the governor’s order to stop non-essential medical procedures instead of helping coronavirus patients by conserving...
  • Texas abortion ban can go back into effect, Fifth Circuit Court of Appeals rules

    03/31/2020 2:03:47 PM PDT · by Morgana · 15 replies
    CBS NEWS ^ | March 31, 2020 | Katie Smith
    Texas will again be allowed to implement its temporary ban on abortion, the Fifth Circuit Court of Appeals ruled Tuesday afternoon. Per the order, any abortion "not medically necessary to preserve the life or health" of the patient must be halted as part of the state's directive suspending "non-essential" medical procedures amid the coronavirus pandemic. The ban was briefly lifted on Monday evening when a lower court ruled the suspension of abortion services was unconstitutional and in violation of Supreme Court precedent, including Roe v. Wade, the 1973 decision that legalized abortion nationwide. "I thank the court for their immediate...
  • Trump nominates Mississippi judge for 5th US appeals court

    03/30/2020 4:33:00 PM PDT · by cotton1706 · 6 replies
    A judge on the Mississippi Court of Appeals is being nominated to serve on a federal appeals court that handles cases for Mississippi, Louisiana and Texas, the White House announced Monday. Cory Wilson joined the 10-member state court in February 2019 after being appointed by then-Gov. Phil Bryant, a Republican. Before that, Wilson was a first-term Republican member of the Mississippi House. President Donald Trump announced in August that he was nominating Wilson to become a federal district judge in southern Mississippi. The state’s two Republican U.S. senators, Roger Wicker and Cindy Hyde-Smith, introduced Wilson to the Senate Judiciary Committee...