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Secretary of Education Betsy DeVos just got to the official end of the line with her efforts to divert $16 million in public school COVID-relief funding to private schools. U.S. District Judge for the Northern District of California James Donato signed a permanent injunction–made public Monday–that will formally end litigation begun last summer against the Department of Education (DOE). In July, Judge Donato, a Barack Obama appointee, quoted the late Justice Antonin Scalia when he called DeVos’s justification of the DOE’s pro-private school policy “interpretive jiggery-pokery in the extreme.” The Congressional CARES Act earmarked approximately $16 billion to help elementary...

The recent scene in Clark County, Nevada, has become increasingly common in courthouses around the country as President Donald Trump continues to push thinly supported allegations of election misconduct and fraud. When Republican lawyers in Nevada complained their observers were not close enough if they could not hear everything poll workers were saying, U.S. District Judge Andrew Gordon pushed back. "At what point does this get ridiculous?" the exasperated judge, an appointee of President Barack Obama, asked before ruling against the Republicans. In court hearings and opinions around the country, judges are voicing similar frustrations with the Trump campaign's legal...

In Agudath Israel of America v. Cuomo, (2d Cir., Nov. 9, 2020), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision refused to grant an injunction pending appeal to a group of Jewish synagogues and to the Catholic Diocese of Brooklyn in a case challenging New York Gov. Andrew Cuomo's restrictions on spots in which clusters of COVD-19 cases have broken out. (See prior posting.) The majority said in part: The Court fully understands the impact the executive order has had on houses of worship throughout the affected zones. Nevertheless, the Appellants cannot clear the high bar necessary...

In Woodring v. Jackson County, Indiana, (SD IN, Nov. 3, 2020), an Indiana federal district court refused to stay its final judgment pending appeal in a case challenging the annual display of a creche on the county courthouse lawn. The court said in part: Because the crèche straddles the sidewalk subdividing the lawn and the more-secular figures are placed on the periphery, the venerable magi and hallowed manger share center stage. Id. Since the primary focus of the display is a celebration of the birth of Jesus Christ, a reasonable observer would believe that Jackson County was endorsing a particular...

A federal judge named Joe Biden as a possible “witness” along with his son Hunter in a criminal fraud case last year that ended in the convictions of two of Hunter’s business partners, according to little-noticed court documents. The Democratic presidential candidate’s appearance on a witness list casts new doubt on his claims he knew nothing about his son’s shady business dealings. Hunter Biden blamed one of his convicted partners — Devon Archer — for his father's name appearing on a list of potential witnesses in a juror questionnaire in the case, which was filed Jan. 11, 2019. In a...

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A federal court in California on Thursday ruled against President Trump's order to exclude undocumented immigrants from the census count for apportioning congressional seats, dealing the administration its second court loss over the July executive memorandum. A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census. "The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history," the panel wrote in a 90-page decision. The order forbids the Commerce...

In South Bay United Pentecostal Church v. Newsom, (SD CA, Oct. 15, 2020), a California federal district court refused to grant a preliminary injunction to a church that challenged California's current COVID-19 restrictions on worship services. The state limits plaintiffs’ indoor worship services to the lesser of 25% of building capacity or 100 people. The church had earlier unsuccessfully appealed a challenge to an earlier version of state restrictions all the way to the U.S. Supreme Court. (See prior posting.) According to the district court: Plaintiffs now argue ... that California’s “scientific pronouncements” are “largely baseless,” and that by “all...

On August 26, 2020 the U.S. Court of Appeals for the Fourth Circuit issued its decision in the case of Gavin Grimm v. Gloucester County School Board. The decision declared that rights of the plaintiff Gavin Grimm, a female student who considers herself male, were violated because the school board denied Grimm the right to access the boys' restroom and refused to amend school records to call her "male" after a court had ordered the state of Virginia to issue a new birth certificate indicating Grimm as a male. In justifying its opinion, the Court made many findings of fact...

-The Supreme Court on Tuesday paved the way for the Trump administration to end field operations for the 2020 census, blocking a lower court ruling that had prolonged the count. -As is usual for emergency situations, the ruling came in an unsigned order. -Justice Sonia Sotomayor dissented.

The Trump administration can end counting for the 2020 census after the Supreme Court approved a request for now to suspend a lower court order that extended the count's schedule. The high court's ruling, following an emergency request the Justice Department made last week, is the latest turn in a roller coaster of a legal fight over the timeline for the count... Justice Department attorneys say the Census Bureau is under pressure to meet a legal deadline of Dec. 31 for reporting to the president the first set of census results — the latest state population counts that determine each...

Bloomberg link only: https://www.bloomberg.com/news/articles/2020-10-13/supreme-court-lets-trump-administration-end-census-count-early?srnd=premium

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...

The 9th Circuit Court of Appeals on Friday ruled that President Trump’s use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administration’s effort to limit immigration. In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction ... from using military construction funds...

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...

Devon Archer was convicted of defrauding the Oglala Sioux Indian tribe out of bond-sale proceeds. Hunter Biden was not implicated in the scheme, which defrauded the Oglala Sioux Indian tribe out of the proceeds of bond sales. | Pablo Martinez Monsivais, File/AP Photo A federal appeals court reinstated the fraud conviction of Hunter Biden’s former business partner on Wednesday, reversing a lower court judge who had granted his request for a retrial. Hunter Biden was not implicated in the scheme, which defrauded the Oglala Sioux Indian tribe out of the proceeds of bond sales. But the scheme was committed under...

The Supreme Court on Thursday declined to act on a Trump administration request to reinstate a rule mandating that abortion-inducing drugs be taken in the presence of a doctor Instead, the justices returned the case to a federal trial court in Maryland and gave the judge there 40 days to rule on the administration's request. The administration is expected to ask the judge to either lift or narrow an order he entered in July that suspended a Food and Drug Administration (FDA) rule requiring women to take abortion pill in the presence of a doctor. U.S. District Judge Theodore Chuang,...

MADISON, Wis. (AP) — A federal appeals court on Thursday blocked a decision to extend the deadline for counting absentee ballots in battleground Wisconsin, in a win for Republicans who have fought attempts to expand voting across the country. If the ruling stands, absentee ballots will have to be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted. Results of the presidential race in the pivotal swing state would be known within hours of polls closing. Democrats almost certainly will appeal the decision to the U.S. Supreme Court.

Late Monday afternoon the Supreme Court issued a “Stay” with regard to an order from a South Carolina federal district court judge who rewrote a provision of South Carolina election law due to the impact of COVID 19. Judge Julianna Michelle Childs, an appointee of President Obama, granted an injunction for Plaintiffs preventing the South Carolina election officials from enforcing a provision of South Carolina election law requiring a witness signature on an absentee ballot envelope. Judge Childs set for the relief being sought by the plaintiffs as follows: SNIP But the Supreme Court’s emergency “stay” prevents Judge Childs order...

A federal appeals court on Friday voted against extending the deadline for voters to return their absentee ballots in the state of Georgia. The Atlanta Constitution-Journal reports: A three-judge panel of the 11th U.S. Circuit Court of Appeals decided 2-1 to grant a stay of a judge’s ruling that would have allowed voters three more days to return their absentee ballots.