Free Republic

Three judges appointed by former President Donald Trump handed down an astonishing decision on Wednesday, effectively holding that the Consumer Financial Protection Bureau, the federal agency charged with protecting consumers from a wide range of predatory activity by lenders and other financial services, is unconstitutional and must be stripped of its authority. The decision by the conservative United States Court of Appeals for the Fifth Circuit relies on a novel reading of an obscure provision of the Constitution, and is entirely at odds with a Supreme Court decision that rejects the Fifth Circuit’s reading of that provision. This is not...

President Biden lashed out at a federal appeals court on Wednesday, after it ruled the Deferred Action for Childhood Arrivals (DACA) program was illegally implemented by the Obama administration. In a statement, the president called the decision "unlawful" and urged Congress to make permanent legislative protections to help more than 600,000 immigrants currently protected by DACA. On Wednesday, the 5th U.S. Circuit Court’s three-judge panel determined the Obama administration lacked the authority to institute the DACA program. However, the court stopped short of judicially dismantling it and said DACA migrants could continue to receive legal protections.

A federal appeals court on Wednesday said the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a blow to an Obama-era program that provides deportation protection and work permits to nearly 600,000 immigrant "Dreamers" who lack legal status. A three-judge panel for the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old program. Despite its conclusion, the appeals court did not order...

A dozen federal judges say they are no longer hiring clerks from Yale Law School, citing a slew of scandals that they say have undermined free speech and intellectual diversity. In addition to Fifth Circuit judge James Ho, who announced on Thursday that he would no longer hire law clerks from the nation’s top-ranked law school, 12 federal judges—both circuit and district court jurists—told the Washington Free Beacon they are joining the boycott. "Students should be mindful that they will face diminished opportunities if they go to Yale," said a prominent circuit court judge, whose clerks have gone on to...

A federal appellate judge confirmed that he will no longer consider graduates of Yale Law School for clerkships, citing the school's alleged penchant for "cancellation of views." Judge James C. Ho of the New Orleans-based 5th Circuit Court of Appeal spoke to the Kentucky Chapters Conference of the Federalist Society last week and openly criticized the so-called intolerant practices trumpeted by Yale Law and its graduates. "Yale not only tolerates the cancellation of views — it actively practices it," said Ho, a University of Chicago School of Law graduate who was nominated to his federal judiciary post by then-President Donald...

A sharply divided 5th U.S. Circuit Court of Appeals panel has ruled that a Texas judge may start the day with prayer, overturning a decision from the U.S. District Court for the Southern District of Texas.

Two different federal courts, in two different Circuit Courts of appeal, have refused to grant preliminary injunctions against the implementation of the ATF “Final Rule.” The Final Rule completely changes the definition of a firearm in Federal law. On August 23, in the United States Court for the Eastern District of North Dakota, in the Eighth Circuit, Judge Peter D. Welte refused to grant a preliminary injunction against the massive changes to federal law proposed in the “Final Rule” put forward by the Biden Administration, through the ATF.On August 24, 2022, the District Court for the Galveston Division of the...

From the decision: "In urging such sweeping relief, the platforms offer a rather odd inversion of the First Amendment. That Amendment, of course, protects every person’s right to “the freedom of speech.” But the platforms argue that buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech. The implications of the (Internet's) platforms’ argument are staggering. On the platforms’ view, email providers, mobile phone companies, and banks could cancel the accounts of anyone who sends an email, makes a phone call, or spends money in support of a disfavored political party, candidate,...

A federal court denied a petition for rehearing in a case surrounding United Airlines’ vaccine mandate — one judge accusing the company of “coerc[ing] its employees into violating their religious beliefs.” Judges for the United States Court of Appeals for the Fifth Circuit, widely considered the most conservative federal court, voted 13-4 on Thursday to deny a rehearing. The court also denied United Airlines’ request to vacate a panel opinion from February, which held that the mandate inflicted irreparable harm and remanded the case to district court. Trump-appointed Judge James Ho penned a concurring opinion, admonishing the airline for creating...

After telling an adult female prosecutor that courts didn’t let “girls” litigate in the “old days,” a federal judge tried to ban her from his courtroom for life. An appellate court unanimously reversed that prohibition, and one Donald Trump appointee called him out for behavior “beneath the dignity of a federal judge.”U.S. District Judge Lynn Hughes, an 80-year-old Ronald Reagan-appointee to the Southern District of Texas, imposed the sanction on a Assistant U.S. Attorney after the lawyer made errors that resulted in the dismissal of an indictment. The 5th Circuit ultimately reversed Hughes’ ruling. Hughes rebuked the prosecutor: “You’re supposed...

Election tech company Dominion Voting Systems is rebutting assorted claims of partisan bias and voting manipulation in the 2020 election, including rumors of a secret U.S. military raid on purported servers in Germany and ownership interests and other influence in the firm by prominent Democratic families. At the same time, Dominion has confirmed reports it made a donation to the Clinton Foundation and hired a former Nancy Pelosi staffer as a lobbyist. Dominion has been at the center of a firestorm since Nov. 3, when its election management software, which is widely used across the country, led to an unofficial...

Nearly 90 bikers claim they were falsely arrested after deadly shootout The 5th U.S. Circuit Court of Appeals has reinstated the lawsuits – at least temporarily – of about 90 bikers arrested in the 2015 Twin Peaks shootout whose civil rights cases were thrown out last year by U.S. District Judge Alan Albright. A three-judge panel of the federal appeals court reversed Albright’s previous ruling that a grand jury’s indictment of the 90 bikers “served to break the chain of causation” for their false arrest claims and sent the cases back to Albright for further consideration in light of the...

A U.S. District Court Judge in Texas, Drew Tipton, dealt the Biden administration's lenient immigration and border enforcement policies another blow on Friday when he struck down a Department of Homeland Security enforcement memo that instructed Immigration and Customs Enforcement (ICE) agents to give deference to certain individuals inside the United States illegally. In his order, Judge Tipton explains that the Biden administration's rule "as arbitrary and capricious, contrary to law, and failing to observe procedure under the Administrative Procedure Act." "The Executive Branch may prioritize its resources," Tipton's order explained. "But it must do so within the bounds set...

The 5th Circuit Court of Appeals on Wednesday ruled the Securities and Exchange Commission (SEC) is denying defendants a constitutional right to a jury trial by putting them in front of its own internal judges. In a 2-1 ruling, the court ruled for George Jarkesy and Patriot28 LLC, who sued the SEC in 2011 after the agency imposed a $300,000 fine and other punishments in a securities fraud case. Judge Jennifer Walker Elrod wrote in the majority opinion the SEC violated the Seventh Amendment constitutional right to a jury trial by bringing defendants before in-house judges and allowing the agency...

NEW ORLEANS -- President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court. In a 2-1 ruling, a panel of the 5th Circuit Court of Appeals reversed a lower court and ordered dismissal of a lawsuit challenging the mandate. The ruling, a rare win for the administration at the New Orleans-based appellate court, said that the federal judge didn’t have jurisdiction in the case and those challenging the requirement could have pursued administrative remedies under Civil Service law. U.S. District Judge Jeffrey Brown, who was appointed to the District Court...

On Monday the 5th U.S. Circuit Court of Appeals denied the Navy's request to reinstate the U.S. Navy's COVID-19 vaccine requirement. In November, dozens of U.S. Navy SEALs claimed they were wrongfully denied COVID vaccination exemptions on religious grounds. The suit, which lists 35 unnamed service members, argues that that the Defense Department's mandate violates their First Amendment rights. While the percentage of vaccinated active duty personnel in each service is at 95 percent or higher, the number of unvaccinated personnel is close to 30,000. The Navy itself has previously said that it has not granted an exemption to any...

In U.S. Navy Seals 1-26 v. Biden, (5th Cir., Feb. 28, 2022), the U.S. 5th Circuit Court of Appeals refused to grant the Navy a partial stay of an injunction issued by a Texas federal district court protecting 35 special warfare personnel who object on religious grounds to complying with the military's COVID vaccine mandate. The court said in part: Defendants have not demonstrated “paramount interests” that justify vaccinating these 35 Plaintiffs against COVID-19 in violation of their religious beliefs. They insist that “given the small units and remote locations in which special-operations forces typically operate, military commanders have determined...

<p>A federal appeals court has declined, for now, to allow the Biden administration to require COVID-19 vaccinations for federal employees.</p><p>The 5th U.S. Circuit Court of Appeals in New Orleans ruled 2-1 Wednesday to maintain a block on the mandate that a Texas-based federal judge had issued on Jan. 21. The administration had asked the New Orleans court for an injunction allowing the federal worker mandate to move forward pending appeal.</p>

NEW ORLEANS (AP) — A federal appeals court has declined, for now, to allow the Biden administration to require COVID-19 vaccinations for federal employees. The 5th U.S. Circuit Court of Appeals in New Orleans ruled 2-1 Wednesday to maintain a block on the mandate that a Texas-based federal judge had issued on Jan. 21. The administration had asked the New Orleans court for an injunction allowing the federal worker mandate to move forward pending appeal. President Joe Biden announced in September that more than 3.5 million federal workers were required to undergo vaccination, with no option to get regularly tested...

he 5th U.S. Circuit Court of Appeals has dismissed former Waco Police Chief Brent Stroman and Assistant Chief Robert Lanning from lawsuits filed by bikers alleging false arrest after the 2015 Twin Peaks shootout, but left former McLennan County District Attorney Abel Reyna as a defendant. The ruling, issued late last week, is the most recent development in the six-year legal battle waged after hundreds of Bandidos and Cossacks and their respective support clubs squared off in the Twin Peaks parking lot while families were dining or shopping May 15, 2015, at the busy Central Texas Marketplace. About 134 bikers...