Free Republic

Feeling irrationally angry after an argument with his wife in 2015, the police were called on firearm owner Edward Caniglia to perform a welfare check. He agreed to undergo a psychiatric evaluation at the hospital to determine suicidality on the condition that police not confiscate his guns. Upon returning to his home, however, Caniglia found that the police had unconstitutionally searched his house and seized his firearms. For the first time in 13 years, the Court upheld both privacy and gun rights, this time unanimously. Caniglia v. Strom’s 9-0 decision has the potential to create lasting effects and set precedent...

Former President Carter is taking the rare step of weighing in on judicial proceedings, saying that an appeals court is misinterpreting a conservation law he signed. On Monday, Carter filed a briefing chastising a ruling that upheld a Trump-era decision to build a road through a national wildlife refuge in order to enable medical evacuations nearby.

L. Michael Luttig, a retired federal judge and leading conservative who advised Vice President Mike Pence ahead of the Jan. 6 attack on the U.S. Capitol, told CBS News on Tuesday that he is willing to publicly testify about that experience and his alarm over Republican attempts to overturn the 2020 presidential election. "If invited by the Congress, I would of course be glad to testify," Luttig said in a statement. Luttig played a pivotal role in helping Pence and his chief counsel in the vice president's office, Greg Jacob, and outside lawyer Richard Cullen, to forge a legal and...

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...

SANTA CRUZ — During a U.S. Department of Homeland Security search at a Lower Ocean neighborhood home early Wednesday, a Santa Cruz man was taken into custody in a child pornography-related investigation. Court records for the case, filed late last month in the U.S. Northern District Court, were sealed by Magistrate Judge Donna M. Ryu as of this week. However, an online case description cites federal code for alleged crimes relating to material involving the sexual exploitation of minors. According to a copy of the executed search warrant shared with the Sentinel, the raid occurred on the 100 block of...

A federal appeals court upheld a decision to temporarily block the federal government’s COVID-19 vaccine mandate for federal contractors in three states.A judge in Louisville, Kentucky, issued a ruling blocking the mandate for Kentucky, Ohio, and Tennessee in November. And on Wednesday, the Sixth Circuit U.S. Court of Appeals upheld the injunction in a 2–1 ruling.The Sixth Appeals Court majority wrote in its Wednesday order that the injunction was upheld “because the government has established none of the showings required to obtain a stay.”States are “imminently threatened in their proprietary capacities should they renew those existing contracts (thus triggering the...

This afternoon a divided panel of the U.S. Court of Appeals for the Sixth Circuit rejected the Biden Administration's request for a stay of a lower court injunction barring enforcement of a COVID-19 vaccination requirement for employees of federal contractors in Ohio, Kentucky and Tennessee. Judge Bush wrote for the court in Commonwealth of Kentucky v. Biden, joined by Judge Suhrenreich. Judge Cole (who recently announced his intent to take senior status upon the confirmation of his successor) dissented.Here is how Judge Bush summarizes his opinion:In 1949, Congress passed a statute called the Federal Property and Administrative Services Act ("Property...

Click here to view the full articleOn the same day a jury convicted disgraced socialite Ghislaine Maxwell on five of six counts of sex trafficking related to her former lover Jeffrey Epstein, another Epstein associate received ominous legal news. According to Reuters, two New York judges ordered Wednesday that the 2009 settlement between Epstein and Virginia Giuffre, one of the financier’s numerous accusers, be made public. Giuffre, who said she was trafficked by Epstein, has accused Britain’s Prince Andrew of sexually abusing her when she was a teenager.

A 2009 settlement agreement between deceased sex offender Jeffrey Epstein and Virginia Giuffre, who alleges she was abused by Epstein and forced to have sex with Prince Andrew when she was under 18 years old, will be made public next week, Reuters reported. U.S. District Judges Lewis Kaplan and Loretta Preska on Wednesday ordered that the agreement be released on or around Jan. 3, saying they found no reason to keep it sealed, per the wire service. Giuffre has brought a lawsuit against Andrew, saying that she was forced to have sexual contact with the Duke of York when she...

On December 13, a three-judge panel of the Court of Appeals for the Fifth Circuit affirmed an order issued by Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas, enjoining the Biden administration’s June 1 termination of the Migrant Protection Protocols (MPP), better known as “Remain in Mexico”. The circuit court’s decision is a doozy, and I trust the Biden administration is chastened by the exercise. History of Remain in Mexico, and the Biden Administration’s Attempts to End It. In a November 4 post, I provided a full run-down of the Remain in Mexico saga...

PHOENIX (AP) — A federal appeals court ruled Wednesday that Arizona doesn’t have to give voters who forget to sign their mail ballot time after the election to resolve the issue, rejecting a lawsuit filed by Democrats. The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, overturned a lower-court ruling that found it’s unconstitutional for Arizona to give voters time after an election to resolve mismatched signatures but not missing signatures. The appellate judges said Arizona’s interest in reducing the burden on busy poll workers justifies the disparity. The overwhelming majority of Arizona voters cast mail ballots, which...

There is no way to post 35 pages of documents here, but I've linked the PDF file. Long and short, it looks like the lawsuit/temporary restraining order has failed. Check out the PDF, let me know what you think.

The Trump Organization secured a partial victory on Monday as a Washington, D.C., superior court judge dismissed a portion of a lawsuit brought by the D.C. attorney general over actions by former President Donald Trump's 2017 Presidential Inaugural Committee. The judge dismissed a claim by D.C. Attorney General Karl Racine that Trump's inaugural committee "wasted" $1 million in rented ballrooms at Trump's Washington, D.C., hotel, writing that they have not met the standard of proof ... ..The ruling removed the Trump Organization as a named defendant in the case, yet still keeps the former president's Washington hotel as a named...

In Liberty Counsel’s class action lawsuit against Joseph R. Biden, the U.S. Secretary of the Department of Defense, and the U.S. Secretary of the Department of Homeland Security, the federal court in Florida ordered the defendants to submit an extensive verified list of information regarding COVID shots and the military by November 12. Liberty Counsel represents members from all five branches of the military, federal employees, and federal civilian contractors who have been unlawfully mandated to get the COVID shots or face dishonorable discharge from the military or termination from employment. In preparation for Navy SEAL 1 v. Biden, Judge...

A federal judge has denied a restraining order on Thursday that would have blocked vaccine mandates for up to 125 city employees in South Carolina. Tom Fernandez and his firm Fernandez Law represented the plaintiffs, 100 of whom are first responders who filed a lawsuit against the cities of Charleston and North Charleston, Charleston County, and the St. Johns Fire District over the mandates. “They felt that it was nothing short of government coercion to get the vaccine,” Fernandez told The Epoch Times. “We filed a lawsuit in state court alleging their constitutional protections. They did not want the vaccine....

MIAMI (AP) - A federal judge declined Wednesday to block a ban imposed by Republican Gov. Ron DeSantis to prevent mandating masks for Florida school students amid the ongoing coronavirus outbreak. Judge K. Michael Moore in Miami denied a request by parents of disabled children for a preliminary injunction against an executive order that DeSantis issued in July that served as the basis for the Florida Department of Health issuing a rule that required school districts to allow parents to opt out of any student mask mandates. Moore wrote in his ruling that parents should have pursued administrative claims before...

DETROIT (AP) — A Catholic school in Lansing has lost an appeal over a Michigan policy that required masks on young kids earlier in the pandemic. Although the statewide mandate ended, some counties are stepping in and requiring masks in schools when the 2021-22 year starts. Resurrection School and some parents sued in 2020, saying a state mask order violated the free exercise of religion, among other objections. A judge, however, refused to intervene and issue an injunction. The 6th U.S. Circuit Court of Appeals affirmed that decision Monday.

The U.S. government can’t be held liable for the death of Kate Steinle on a San Francisco pier based on a federal ranger’s negligent storage of a gun that was stolen and used to shoot her, a Ninth Circuit panel ruled Tuesday.Steinle was killed by a bullet that ricocheted off a concrete walkway and struck her in the back on Pier 14 in San Francisco on July 1, 2015. . . . In arguments before a three-judge Ninth Circuit panel last month, a lawyer for Steinle’s parents argued U.S. Bureau of Land Management (BLM) ranger John Woychowski had a duty...

CDC Cruise Order Decision Reversed After Florida Appeals to U.S. Supreme Court The CDC cruise order decision has been reversed after Florida appeals to the U.S. Supreme Court to allow cruise ships to disregard CDC requirements. The State of Florida has once again been successful in its ongoing dispute with the U.S. Centers for Disease Control and Prevention (CDC) Conditional Sailing Order. The state went all the way to the U.S. Supreme Court to appeal an earlier decision that favored the CDC to keep its order on cruise ships in place in Florida. Florida Goes to U.S. Supreme Court Against...

In Denton v. City of El Paso, Texas, (5th Cir., July 6, 2021), the U.S. 5th Circuit Court of Appeals remanded the case to a Texas federal district court ordering it to grant a preliminary injunction barring El Paso from prohibiting religious proselytizing at the weekly outdoor El Paso Art and Farmers Market. The city's rules bar fundraising, political campaigning and religious proselytizing from the market. The court held that these exclusions are content-based, and concluded: It is unclear whether the City has asserted a compelling government interest. We need not decide this issue ......