Free Republic

WASHINGTON (AP) — The Supreme Court has formally returned a lawsuit over Texas’ six-week abortion ban to a federal appeals court that has twice allowed the law to stay in effect, rather than to a district judge who sought to block it. Justice Neil Gorsuch on Thursday signed the court’s order that granted the request of abortion clinics for the court to act speedily. But the clinics wanted the case sent directly to U.S. Judge Robert Pitman, who had previously though briefly blocked enforcement of the Texas abortion ban known as S.B. 8. When Pitman ordered the law blocked in...

A federal appeals court on Wednesday reversed a nationwide ban on President Joe Biden’s COVID-19 vaccine mandate for some 17 million health care workers.The emergency rule will take effect in 26 states due to the ruling from a three-judge panel on the 5th U.S. Circuit Court of Appeals.Two federal judges last month blocked the mandate. The first ruling applied to just 10 states; the second expanded the preliminary injunction across the nation.But the appeals court said it found “little justification” for the second move in the opinion issued by U.S. District Judge Terry Doughty, a Trump nominee, on Nov. 30.Doughty’s...

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...

Joe Biden’s vaccine mandate for federal contractors’ employees nationwide was shot down by a federal judge in Georgia on Tuesday. Joe Biden and his White House’s legally questionable vaccine mandate for federal contractors’ was halted nationwide by a federal judge on Tuesday, it was confirmed this morning. Set to take effect on January 4, 2022, the mandate applied to nearly one quarter of the entire United States workforce, as the mandate targeted all companies that do business with the federal government such as Microsoft, Google, Lockheed Martin, and General Motors. This latest vaccine mandate shutdown comes after Kentucky federal judge’s...

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...

A three-judge panel on the Fifth Circuit Court of Appeals has now permanently blocked OSHA from implementing and enforcing its vaccine rule, which impacts employers nationwide. This is not the end of the judicial review road for the vaccine rule. Challenges to the rule were filed in multiple federal circuit courts across the country. When there are multiple filings like these, a multi-circuit “lottery” system is utilized for purposes of consolidation and clarity. All of the appeals are consolidated before the circuit court selected in the blind lottery, which will then hear the challenge to the rule. That lottery is...

Breaking — OSHA suspends Biden’s Vaccine Mandate… Will comply with 5th Circuit order#BREAKING: OSHA announces it will comply with the 5th Circuit's court order. The agency says it has suspended implementation and enforcement of its vaccine mandate. pic.twitter.com/pCZDZjeqwB— Election Wizard (@ElectionWiz) November 17, 2021Just hit the wires in the past 10 minutes. Story is developing.

Is a "retweet" by White House chief of staff Ron Klain partly responsible for President Joe Biden's COVID-19 vaccine mandate taking another loss in federal court? What happened? The U.S. Court of Appeals for the Fifth Circuit again ruled against President Joe Biden's COVID-19 vaccine mandate Friday. According to the court, the mandate — which is enforced as an emergency temporary standard via the Occupational Safety and Health Administration — is "likely unconstitutional." The court explained: The Constitution vests a limited legislative power in Congress. For more than a century, Congress has routinely used this power to delegate policymaking specifics...

Click here to view the full articlePresident Joe Biden took another hit as an appeals court has reaffirmed its stay on his vaccine mandate in the workplace.The Fifth Circuit Court of Appeals ordered the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) to “take no steps to implement or enforce the Mandate until further court order,” Fox News reported.This is the most recent development in what is likely to be a long, legal fight to determine the Constitutionality of the workplace mandate.Texas Attorney General Ken Paxton, one of the critics of the mandate, celebrated the court victory on Twitter....

In a decision written with rare clarity, an exceptional grasp of facts, and the cool, rational application of law, the 5th Circuit completely destroys the mandate. Despite (or perhaps because of) a long career spent reading judicial decisions, I really hate reading cases. A stellar exception arose on Friday, when the Fifth Circuit issued its decision in BST Holdings, L.L.C. et al. v. OSHA, reaffirming the initial stay it granted when multiple entities and individuals challenged OSHA’s recently issued vaccine mandate. In one brutal paragraph after another, the Court rips apart the mandate, citing law, facts, OSHA precedent, and even...

Before Jones, Duncan, and Engelhardt, Circuit Judges. Kurt D. Engelhardt, Circuit Judge: The Occupational Safety and Health Administration (OSHA) “reasonably determined” in June 2020 that an emergency temporary standard (ETS) was “not necessary” to “protect working people from occupational exposure to infectious disease, including COVID-19.” In re AFL-CIO, 2020 WL 3125324, at *1 (D.C. Cir. June 11, 2020). This was not the first time OSHA had done this; it has refused several times to issue ETSs despite legal action urging it do so. See, e.g., In re Int’l Chem. Workers Union, 830 F.2d 369 (D.C. Cir. 1987) (per curiam). In...

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.

This week, 11 supply chain trade groups joined forces against President Joe Biden’s employer-based COVID-19 vaccine mandate, filing a lawsuit with the U.S. Court of Appeals for the Fifth Circuit. The lawsuit is filed on behalf the following petitioners: American Trucking Associations Mississippi Trucking Association, Texas Trucking Association, Louisiana Motor Transport Association, American Trucking Associations, National Association of Wholesale-Distributors, FMI – The Food Industry Association, International Warehouse & Logistics Association, National Association of Convenience Stores, International Foodservices Distributors Association, National Retail Federation. “We believe that the Biden Administration has overstepped its statutory authority in issuing this Emergency Temporary Standard” (ETS),...

The White House on Monday said businesses should move forward with President Joe Biden’s vaccine and testing requirements for private businesses, despite a federal appeals court ordering a temporary halt to the rules. “People should not wait,” White House Deputy Press Secretary Karine Jean-Pierre told reporters during a briefing. “They should continue to move forward and make sure they’re getting their workplace vaccinated.” The U.S. Court of Appeals for the 5th Circuit, considered one of the most conservative appellate courts in the country, halted the requirements Saturday pending review, writing that “the petitions give cause to believe there are grave...

The mandate is coming apart at the seams. The trucker exemption is particularly absurd - is there a more obvious vector for disease transmission than a long-haul trucker? If you are working ALONE AT HOME the mandate applies, but truckers are exempt. (NOTE: See update at end.) Because science, or maybe because even the bright boys have realized the supply chain will collapse if they push this nonsense too hard. I predict that by this time next year the vaccine mandates will seem as absurd and political as school closures do right now. Remember how the unions and the media...

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.

JUST IN - 5th Circuit panel believes the OSHA vaccine mandate has "grave statutory and constitutional issues". Biden admin ordered to respond by 11-8-21. Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate, Texas Governor Abbott announces.

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

U.S. Supreme Court Justice Sonia Sotomayor is not happy about the court refusing to block Texas’ six-week abortion law.According to The Hill, Sotomayor has called it “catastrophic” that Texas’ abortion ban law has not been stopped.In a seven-page written rant, Sotomayor not only attacked her conservative colleagues, she sensationally claimed that the court “cannot capture the totality of this harm in these pages.”“But as these excerpts illustrate, the State (empowered by this Court’s inaction) has so thoroughly chilled the exercise of the right recognized in Roe as to nearly suspend it within its borders and strain access to it in...