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In the Fifth Circuit, the entire Court has ruled, en banc, that mere civil restraining orders may not infringe rights protected by the Second Amendment. The unconstitutional infringement was placed into law by the infamous Lautenberg Amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law. In the opinion published by the Fifth Circuit Court of Appeals, Circuit Judge James C. Ho writes a particularly well-argued and presented concurrence. The concurrence is worth reading. It is quoted below, without the footnotes:James C. Ho, Circuit Judge, concurring:The right to keep...

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...

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.

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

A federal appeals court has ruled the Trump administration can divert $3.6 billion in military funds to build a wall along the U.S.-Mexico border. Multiple reports indicate the 5th Circuit Court of Appeals voted 2-1 to temporarily stay a lower court ruling out of Texas. Reuters reports the stay is pending an appeal by the Trump administration of the ruling by a federal judge that prevented the transfer of funds. El Paso County, Texas, and the Border Network for Human Rights have been challenging the funds transfer. The panel noted that the U.S. Supreme Court had issued a stay in...

A federal appeals court in Louisiana on Wednesday ruled the government can use $3.6 billion in military funds to construct border barriers along the U.S.-Mexico border. In a 2-1 ruling, the 5th Circuit Court of Appeals, based in New Orleans, granted the administration's request for the court to stay, or temporarily halt, a ruling made last month by a federal judge in El Paso that blocked officials from using the Pentagon funds to fulfill one of President Trump's main campaign pledges.

Another of President Trump's nominees to the San Francisco-based 9th Circuit Court of Appeals cleared a key procedural hurdle in the Senate on Monday, as the White House continues its push to transform the key left-leaning appellate court that the president repeatedly has derided as hopelessly biased and "disgraceful." By a 77-20 vote, the Senate invoked cloture to end debate on Trump's nomination of Arizona-based Magistrate Judge Bridget Bade, a former clerk to conservative 5th Circuit Judge Edith Jones. Bade is slated to replace Bill Clinton-nominated Judge Barry Silverman, who has been on senior status since late 2016 -- effectively...

A federal appeals judge in Texas is accused of saying minorities are more apt than other groups to commit crime and that complaints of racial bias in death sentencing are a "red herring." Civil rights organizations filed a complaint against 5th Circuit Judge Edith Jones this week for remarks they say she made at a February speech to the Federalist Society at the University of Pennsylvania Law School about racial bias in death row sentencing.

Ok, Harriet Miers has withdrawn. Who will be next? Whom should Bush nominate? Make your choice!

<p>BY DANIEL HENNINGER Friday, October 21, 2005 12:01 a.m.</p> <p>The autumn of the Bush presidency has turned gray. Mr. Bush's approval rating is below 40 but factoring in the political wind chill it feels like 25.</p> <p>First Katrina, a lady with no known politics, blew the Bush second-term agenda off its moorings. Karl Rove, Mr. Bush's Tonto, is about a quarter mile ahead of a postindictment lynch mob. And this week, the president's personal nomination of Harriet Miers to the Supreme Court was denounced on these pages by Robert Bork --which is like a conservative president's Supreme Court nominee being dissed by, well, Robert Bork. As my former colleague Suzi Garment was wont to say amid similar Washington meltdowns, "This is not good!"</p>

THE O'CONNOR VACANCY SHORT LIST See here : http://www.nytimes.com/2005/09/20/politics/politicsspecial1/20confirm.html?pagewanted=print The New York Times reports that, "The White House is reshuffling its short list of potential Supreme Court nominees with a new emphasis on finding someone who will hold up under the pressure of what is expected to be fierce confirmation battle..." This revised criteria allegedly weakens the chances for Judge Janice Rogers Brown. Also on the list is Judge Priscilla Owen, who, "strategists say the White House is evaluating whether her reticence and mild manner would be a strength or a weakness under interrogation in the Senate." The Times lists...

Since the 1960s, the U.S. Supreme Court has been issuing decisions contrary to the generally held values of Americans, imposing a "modish, untested philosophical notions and extreme libertarianism that would have left the [Constitution's] Framers aghast," Edith Jones, a judge on the New Orleans-based U.S. Court of Appeals for the Fifth Circuit, told a packed room Jan. 28 in a speech sponsored by The Federalist Society. This series of decisions has done "more to jeopardize than sustain" the future of American society, which she said stands "as the most successful and long-lived experiment in self-government and human freedom in history."...

Roe's Influence on the Choice of the Nominee Candidates > Jones | 06:14 PM | Tom Goldstein | Comments Second, and directly relevant to the President's ongoing process of selecting a nominee to replace Justice O'Connor, the article attributes to "[s]ources close to the White House" the fact that Edith Jones "is no longer under serious consideration." The reason "in part" is "concerns that her strongly voiced views against abortion would alienate Collins, Snowe, and other Republican moderates."

Stand Up to Them, Mr. President: Nominate Another Scalia by Patrick J. Buchanan Posted Sep 9, 2005 We are about to find out what George W. Bush is made of. For he is approaching the greatest crisis of his presidency. Nine days after 9-11, Bush gave the most powerful speech of his career and rallied a nation. Today, he sits atop a government whose agencies -- FEMA and Homeland Security -- are synonyms for bumbling in the worst disaster in American history. Democrats sense Bush may be assaulted with impunity. He can't or won't fight back. Thus, Hillary hits four...

...Elevating Judge Roberts to Chief was a logical decision, both politically and on the merits. The Senate and media have been investigating the nominee since July, and have found superlatives with nary a negative. The Judge is in a position to be rapidly confirmed.... More importantly, what we have learned about Judge Roberts suggests that he shares Chief Justice Rehnquist's judicial philosophy. If Mr. Bush now follows with the nomination of an equally distinguished conservative for the Court's second opening, the Roberts Court will be able to continue the legal restoration that the late Chief Rehnquist began.... That historic mission...

This week's vicious attack on Judge John Roberts by the abortion lobby was not really a desperate effort to defeat him against overwhelming odds. Rather, it is part of an intricate game that not only determines the occupant of one seat on the Supreme Court but can set its ideological course for the next generation. The current hard count for Roberts is 60 senators. That would be more than enough to confirm him and barely enough to end a filibuster. But it is not enough to further the grand strategy for a conservative court. At least 70 votes for confirmation...