Free Republic

A federal judge in Texas recently agreed with a federal judge in Oklahoma that the national ban on gun possession by cannabis consumers violates the Second Amendment. Kathleen Cardone, a judge on the U.S. District Court for the Western District of Texas, also concluded that the federal ban on transferring firearms to an "unlawful user" of a "controlled substance," first imposed by the Gun Control Act of 1968, is unconstitutional. The case involves Paola Connelly, who was charged with illegal possession of firearms under 18 USC 922(g)(3) after El Paso police found marijuana and guns in her home while responding...

The City of Everett is paying out $500,000 to a former bikini barista stand owner and its employees after a U.S. district court ruled that a 2017 city ordinance unfairly targeted women. The owner of a chain of coffee stands called Hillbilly Hotties sued the city, claiming its dress code infringed on their First Amendment rights–and a U.S. District Court judge agreed. A U.S. District Court judge found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory...

Liberal advocacy groups that publish widely cited lists of purported "hate groups," tarring a diverse spectrum of conservative organizations, are facing defamation claims alleging they knowingly spread falsehoods about those organizations' beliefs and activities. A federal judge recently refused to dismiss litigation against the 52-year-old Southern Poverty Law Center for designating the Georgia-based Dustin Inman Society, which promotes "legal, sustainable and reduced immigration," as an "anti-immigrant hate group." The designation came seven years after SPLC told The Associated Press the label would be too strong for what it called a "nativist" group that works "through the political process." That has...

A San Diego federal judge has issued a ruling that blocks four provisions of California’s strict handgun law, becoming the second U.S. district judge within two weeks to rule that parts of the state’s Unsafe Handgun Act likely violate the Second Amendment. Judge Dana Sabraw’s ruling in the San Diego case could potentially open the door for Californians to purchase hundreds of types of semiautomatic pistols that state officials currently deem “unsafe” and thus do not include on a roster of approved handguns. But the judge issued a stay on his decision, giving Attorney General Rob Bonta time to appeal...

A federal appeals court on Monday vacated a water permit needed by developers to restart construction on the Mountain Valley pipeline in West Virginia, marking the latest setback for the $6.2 billion project. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals found several defects in the review the West Virginia Department of Environmental Protection conducted before issuing the permit.

A federal judge on Thursday struck down a key provision of the Affordable Care Act, jeopardizing free coverage of a wide range of preventive services including mammograms, colonoscopies and mental health screenings for nearly 168 million people on employer health insurance and on Obamacare’s individual market. District Court Judge Reed O’Connor, the author of several previous rulings against Obamacare, sided with conservative employers and individuals in Texas who argued that the U.S. Preventive Services Task Force that set those requirements has been acting unconstitutionally since 2010. The decision blocks enforcement of the rules nationwide.

In Ciraci v. J.M. Smucker Company, (6th Cir., March 14, 2023), the U.S. 6th Circuit Court of Appeals held that employees of a company that sells food products to the federal government may not assert a 1st Amendment free-exercise claim against the company for denying them a religious exemption from a COVID vaccine mandate imposed by the company after the federal government required government contractors to do so. The court said in part: Constitutional guarantees conventionally apply only to entities that exercise sovereign power, such as federal, state, or local governments.... Smucker’s may be a big company. But it is...

California’s requirement that all handguns sold in the state come with chamber load indicators, magazine disconnect mechanisms, and microstamping features are likely unconstitutional according to U.S. District Judge Cormac Carney, who granted an injunction on Monday in Boland v. Bonta; a case brought by the California Rifle & Pistol Association and several individual gun owners taking on the constitutionality of several aspects of California’s Unsafe Handgun Act. In his ruling, Carney pointed out that California’s requirements have a “devastating impact” on Californians’ ability to acquire “new, state-of-the-art” handguns; noting that no new models of handguns have been made available for...

By any standard, the treatment of January 6 defendants has been a disgrace to the Department of Justice, the DC federal bench, and the Constitution. Scores of people have been held in inhumane conditions in the DC Gulag, denied their constitutional right to speedy trial, and denied access to exculpatory evidence. The blanket media coverage excoriating them as “violent insurrectionists” has prevented these constitutional outrages from becoming a national scandal. But there is a chance, a small chance, that the release of CCTV Capitol video by Speaker McCarthy may change the national consensus (other than in conservative media) that there...

Recently released bodycam video from DC Metropolitan Police Department (MPD) officers provides more angles to the Jan. 6 beating of protester Victoria White in the Lower West Terrace tunnel at the U.S. Capitol in Washington.The newest bodycam footage, from Officer Jeffrey Leslie, was captured directly behind MPD Cmdr. Jason Bagshaw, who landed most of the baton strikes and punches to White’s head and face during a four-minute span on Jan. 6, 2021.

In response to the Bruen decision, a few states have decided to defy the Supreme Court. The first was New York, which took the extraordinary step to declare an emergency, call the legislature into an emergency session, and pass a complicated, extensive statute which criminalized the carry of firearms in such a manner as to render carry outside the home impractical. In spite of several lawsuits contesting the New York law, other states have followed New York’s example. One of those states is New Jersey. Bill A4769 (ACS) was passed into law on December 22, 2022.The lawsuit, KOONS v. REYNOLDS,...

A federal district court in the United States District Court, Eastern District of Kentucky, Central Division (at Lexington), has held a ban on the exercise of Second Amendment rights for a mere domestic restraining order 18 U.S.C. § 922(g)(8 is unconstitutional. On June 15, 2022, A Harrison County Family Court in Kentucky issued a Domestic Violence Order (DVO), a restraining order, against Sherman Kelvin Combs. In Kentucky, the DVO procedures do not require council (an attorney) to be appointed for respondents or a jury resolve factual issues.A few days later, it is alleged Combs purchased a .357 revolver from a...

A federal judge in Chicago has denied a motion seeking a temporary restraining order and preliminary injunction to block Illinois’ assault weapons ban and a similar ordinance in Naperville. U.S. District Judge Virginia Kendall ruled Friday that the Illinois and Naperville bans on selling assault weapons are “constitutionally sound.” Lawyers for the National Association for Gun Rights and Robert Bevis, who owns a gun store in Naperville, had sought the court orders in a lawsuit to stop the bans. As is now common in such cases, they argued that it’s “impossible” for the new state gun law and a similar...

The Sixth Circuit U.S. Court of Appeals in Cincinnati on Thursday affirmed a lower court’s ruling that the vaccine mandate for federal contract workers is unconstitutional. The majority opinion stated that a broad interpretation of the mandate could provide the president “nearly unlimited authority to introduce requirements into federal contracts.” The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.” Judge Kurt Engelhardt, writing for the majority, demonstrated the fallacy of the government’s...

Afederal judge ruled Monday that part of New Jersey’s concealed carry gun law, which dictates where a concealed firearm can be carried, is unconstitutional. District Judge Renée Marie Bumb placed a temporary restraining order on the law’s “sensitive places” restrictions, saying they violate the Second Amendment rights of New Jersey residents, according to the ruling. Bumb based her ruling on the belief that the state did not have the “historical tradition” of regulating where a concealed carry permit can be used. “Plaintiffs have shown that Defendants will not be able to demonstrate a history of firearm regulation to support any...

BELLEVUE, WA – -(AmmoLand.com)- A federal judge in New Jersey has granted a temporary restraining order in a case brought by the Second Amendment Foundation and several co-plaintiffs in a challenge of that state’s new gun control law which criminalizes carry in a vastly expanded set of “sensitive areas.” U.S. District Judge Renee Marie Bumb in Camden noted, “Plaintiffs have demonstrated a probability of success on the merits of their Second Amendment challenge to the relevant provisions” of the new law. SAF is joined by the Firearms Policy Coalition, the Coalition of New Jersey Firearm Owners, the New Jersey Second...

DETROIT (AP) — The Michigan attorney general said Friday there’s “clear evidence” to pursue charges against pro-Donald Trump Republicans who claimed they were the state’s presidential electors in 2020, despite Democrat Joe Biden’s 154,000-vote victory. Dana Nessel referred the matter to federal prosecutors last year, but no public action has been taken. A year later, she said it’s time for state authorities to step in. “Let’s be fair about what this was: It was an effort to overturn a lawful election,” Nessel, a Democrat, said. “That type of activity can’t go without any consequences. ... There are laws that specifically...

Wearing a MAGA hat represents a person exercising his or her right to free speech, a U.S. appeals court has ruled. A three-judge panel of the 9th U.S. Circuit Court of Appeals reversed a federal judge and ruled in favor of a Washington middle school teacher who claimed that a principal violated his free-speech rights by threatening discipline if he continued to wear a "Make America Great Again" hat to training sessions. "That some may not like the political message being conveyed is par for the course and cannot itself be a basis for finding disruption of a kind that...

@julie_kelly2 Judge: “This is what law enforcement is supposed to do. I don’t see anything on the entrapment front. In my mind, law enforcement deserves a pat on the back.” He claimed the FBI informants “pulled the plug early” and commended the agency for its “careful monitoring.” 🙄 This same judge has aided DOJ in this bogus case from the start, denying defense motions to present damning evidence at trial and refusing to compel testimony from FBI informants, agents for defense. His conduct in retrial was a disgrace

... At least a dozen FBI informants working with FBI handlers and undercover agents out of numerous FBI field offices engineered the hoax in 2020. Dan Chappel, a contract truck driver for the Postal Service, was hired as the key informant in March 2020; he primarily led the effort to stitch the random group of outliers together. The FBI compensated Chappel roughly $60,000 in cash and personal items, a sum Chappel admitted at trial had exceeded his annual salary. Chappel particularly fixated on Fox, who lived alone at the time in the dilapidated cellar of a vacuum repair shop without...