Free Republic

From U.S. v. Saleem, decided [yesterday] by Judges J. Harvie Wilkinson, Steven Agee, and Allison Rushing: The Supreme Court in Heller defined "arms" as "any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another." Therefore, "the Second Amendment extends … to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." While a silencer may be a firearm accessory, it is not a "bearable arm" that is capable of casting a bullet. Moreover, while silencers may serve...

A federal judge on Friday ruled that the U.S. Naval Academy may continue to consider race when evaluating candidates to attend the elite military school, even after the U.S. Supreme Court last year barred civilian colleges from employing similar affirmative action policies.

BALTIMORE (AP) — A federal judge on Friday ruled that the U.S. Naval Academy can continue considering race in its admissions process, ruling that military cohesion and other national security factors mean the officer training school should not be subjected to the same standards as civilian universities. During a two-week bench trial in September, attorneys for the school argued that prioritizing diversity in the military makes it stronger, more effective and more widely respected. The group behind the case, Students for Fair Admissions, also brought the lawsuit challenging affirmative action that resulted in a landmark U.S. Supreme Court ruling last...

A three-judge panel on the Ninth Circuit Court of Appeals ruled that the federal government has the authority to deport illegal immigrants even if local leaders try to impede the process. The case arose after King County Executive Dow Constantine issued an executive order in 2019 that instructed county officials to prohibit “fixed base operators” (FBO) on a county airfield from servicing flights chartered by Immigration and Customs Enforcement (ICE) to deport illegal immigrants who are lawfully removable. FBO’s “lease space from the airport and provide flights with essential services, such as fueling and landing stairs,” according to the ruling.The...

The Ninth Circuit has long been the left-most federal appellate court in the United States. However, the day after Thanksgiving, the Ninth Circuit issued a decision that must have made President-elect Donald Trump very happy: It concluded that the Supremacy Clause means what it says, namely, that when it comes to the border, local political bodies cannot use regulations governing private parties to override the federal government’s supremacy on immigration matters. United States v. King County revolved around Boeing Field, an airport in King County, Washington (i.e., the Seattle area). In 1941, King County conveyed the field to the U.S....

The federal government has the authority to deport foreign nationals in the U.S. illegally over the objection of local authorities, a panel of three judges on the Ninth Circuit Court of Appeals unanimously ruled. The 29-page ruling was written by Judge Daniel Bress, with judges Michael Hawkins and Richard Clinton concurring. At issue is an April 2019 executive order issued by King County Executive Dow Constantine, which directed county officials to prohibit fixed base operators on a county airfield near Seattle from servicing U.S. Immigration and Customs Enforcement charter flights used to deport illegal foreign nationals. Constantine’s order prohibited King...

A federal appeals court on Wednesday stopped the federal government from destroying a fence of razor wire that Texas installed along the U.S.-Mexico border near Eagle Pass to deter migrants from entering the country illegally. The ruling, criticized by activists, came hours before Mexico President Claudia Sheinbaum told President-elect Donald Trump that immigrants headed to the U.S. are being “taken care of” in her country. Texas had placed more than 29 miles of wire in the Eagle Pass area by last September when Attorney General Ken Paxton sued the Biden administration over Border Patrol agents’ alleged illegal destruction of state...

DES MOINES, Iowa (AP) — A federal judge ruled Sunday that Iowa can continue challenging the validity of hundreds of ballots from potential noncitizens even though critics said the effort threatens the voting rights of people who’ve recently become U.S. citizens. U.S. District Judge Stephen Locher, an appointee of President Joe Biden, sided with the state in a lawsuit filed by the American Civil Liberties Union in the Iowa capital of Des Moines on behalf of the League of Latin American Citizens of Iowa and four recently naturalized citizens. The four were on the state’s list of questionable registrations to...

WASHINGTON (AP) — A federal judge in Missouri put a temporary hold on President Joe Biden’s latest student loan cancellation plan on Thursday, slamming the door on hope it would move forward after another judge allowed a pause to expire. Just as it briefly appeared the Biden administration would have a window to push its plan forward, U.S. District Judge Matthew Schelp in Missouri granted an injunction blocking any widespread cancellation. Six Republican-led states requested the injunction hours earlier, after a federal judge in Georgia decided not to extend a separate order blocking the plan. The states, led by Missouri’s...

Jena Griswold, who argued to keep Trump off the presidential ballot, must release records that could show dead people registered to vote... Jena Griswold, Colorado’s rabidly leftist Secretary of State who will forever be known for her anti-democratic drive to knock former President Donald Trump off the ballot, has suffered another election law loss in federal court. The U.S. District Court for the Colorado District last week issued an order demanding the Democrat secretary of state release Electronic Registration Information Center (ERIC) reports suspected of containing dead registrants on the state’s voter rolls. The reports, according to a settlement, include...

A federal judge ruled on Saturday that part of a Texas law that enacted new voting restrictions violated the U.S. Constitution by being too vague and restricting free speech. The ruling, made by U.S. District Judge Xavier Rodriguez, immediately halted the state’s ability to investigate alleged cases of vote harvesting, such as the investigation into the League of United Latin American Citizens by Attorney General Ken Paxton. Before today’s ruling, a person who knowingly provided or offered vote harvesting services in exchange for compensation was committing a third-degree felony. This meant that organizers of voter outreach organizations and even volunteers...

A federal judge in Kentucky has partially blocked a U.S. Transportation Department program that metes out contracts to minority-owned businesses and suggested he may eventually rule against it, marking the latest blow to a government affirmative action program. In a 28-page opinion issued Monday, U.S. District Judge Gregory F. Van Tatenhove wrote that, for now, the scope of the injunction is limited to the two plaintiffs — both transportation contractors — and at least two states, Kentucky and Indiana... "...the Court is sure that the federal government has nothing but good intentions in trying to remedy past wrongs,” wrote Van...

Just hours before a law banning foreign nationals from contributing to ballot issue campaigns was set to take effect, a federal judge blocked part of it because it violates their First Amendment rights. Judge Michael Watson has ruled that the state can’t enforce the law against foreign nationals – including lawful permanent residents, also known as green card holders – who donate to ballot issue campaigns. Read the ruling here. Watson wrote that the political spending of lawful permanent residents "does not carry a risk of undue foreign influence", and noted that LPRs can serve in the military. "It would...

@BehizyTweets BREAKING: The judge overseeing Elon Musk and 𝕏's defamation lawsuit against Soros-backed Media Matters just DENIED their motion to dismiss. Media Matters could now be forced to pay back all the ad revenue 𝕏 has lost as a result of their lies Last year, they manipulated 𝕏 to coerce many advertisers to leave the platform. They made it look like 𝕏 was serving ads next to "hate speech," but in reality, they set the whole thing up to frame Elon and the platform They tried to claim the federal just in Texas did NOT have jurisdiction to hear the...

In a groundbreaking decision, Judge Christopher C. Conner of the U.S. District Court for the Middle District of Pennsylvania struck down the state’s ban on carrying firearms in vehicles without a license. This ruling, a win for the Second Amendment Foundation (SAF) and its allies, significantly alters the landscape of gun rights in Pennsylvania. The Core of the Ruling Judge Conner’s ruling dismantles the longstanding prohibition that kept Pennsylvanians from having firearms in their vehicles without a license. This was challenged as an infringement on constitutional rights, leading to its overturning. The decision directly addresses issues faced by many citizens,...

The Bureau of Alcohol Tobacco and Firearms (ATF) pistol brace rule that would see millions of Americans become felons overnight was dealt another devastating blow in a Texas District Court. Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the state of Texas successfully won a preliminary injunction (PI) against the new regulation. “For these reasons, the Court GRANTS IN PART Plaintiffs’ Motion for Preliminary Injunction, (Dkt. No. 16). Defendants are ENJOINED from enforcing the Final Rule against the private Plaintiffs in this case, including its current members and their resident family members, and individuals employed directly by the...

An appeals court on Friday overturned the conviction and life sentence of a man found guilty of killing a U.S. Border Patrol agent whose death exposed the botched federal gun operation known as “Fast and Furious” has been overturned, a U.S. appeals court said Friday. The 9th U.S. Circuit Court of Appeals vacated the convictions of Heraclio Osorio-Arellanes, saying his constitutional due process rights had been violated, and sent the case back to the U.S. District Court in Arizona for further proceedings. Osorio-Arellanes was sentenced in 2020 in the Dec. 14, 2010, fatal shooting of Agent Brian Terry while he...

A federal court has blocked the Federal Communications Commission‘s reinstatement of net neutrality rules that expanded government oversight over the internet. The 6th U.S. Circuit Court of Appeals’s ruling against the FCC on Thursday came after the federal agency voted earlier this year to reinstate former President Barack Obama’s net neutrality regulations. “The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations,” the court wrote. “Net neutrality is likely a major question requiring clear congressional authorization.” The court has paused the regulation, saying it will pick up the case...

U.S. District Judge Peter Sheridan's 69-page opinion says he was compelled to rule as he did because of the Supreme Court's rulings in firearms cases, particularly the 2022 Bruen decision that expanded gun rights. Sheridan's ruling left both 2nd Amendment advocates and the state attorney general planning appeals. The judge temporarily delayed the order for 30 days. Pointing to the high court's precedents, Sheridan suggested Congress and the president could do more to curb gun-related violence nationwide. “It is hard to accept the Supreme Court’s pronouncements that certain firearms policy choices are ‘off the table’ when frequently, radical individuals possess...

A “Gun Free School Zone” case has been appealed to the United States Court of Appeals for the Fifth Circuit. The appeal attacks the Gun Free School Zone Act (GFSZA) as being an unconstitutional infringement of rights protected by the Second Amendment. An amicus brief has been filed by the California Rifle and Pistol Association (CRPA), the Second Amendment Law Center, and the Second Amendment Foundation (SAF). From January 5th to the 29th of 2023, Ahmed Allam spent several hours in the afternoon and evening parked across the street from a parochial school, St. Anthony Cathedral Basilica School in Beaumont,...