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In what is likely to become a landmark case, the United States Court of Appeals for the Fifth Circuit, in an en banc decision of all the judges in the circuit, struck down the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) rule which changed the definition of a machinegun to include bump stocks. Thirteen judges were in the majority, with three judges dissenting. The case is Cargill v. Garland. This correspondent wrote about it previously. Here is a summation of how the sixteen judges ruled. From the opinion: Of the sixteen members of our court, thirteen of us agree...

Jan 6 (Reuters) - A U.S. appeals court on Friday struck down a rule the Trump administration had adopted following a 2017 Las Vegas mass shooting that banned "bump stocks," devices that allow people to rapidly fire multiple rounds from semi-automatic guns. In a 13-3 decision, the New Orleans-based 5th U.S. Circuit Court of Appeals said that despite "tremendous" public pressure to impose a ban, it was up to the U.S. Congress rather than the president to take action.... "The resulting circuit split should bring this decision to the U.S. Supreme Court's attention promptly and supply a suitable vehicle for...

A federal judge on Tuesday dismissed the National Rifle Association’s bankruptcy case, leaving the powerful gun-rights group to face a New York state lawsuit that accuses it of financial abuses and aims to put it out of business. The case was over whether the NRA should be allowed to incorporate in Texas instead of New York, where the state is suing in an effort to disband the group. Though headquartered in Virginia, the NRA was chartered as a nonprofit in New York in 1871 and is incorporated in the state. Judge Harlin Hale said in a written order that he...

The National Rifle Association cannot use bankruptcy to reorganize in gun-friendly Texas, a federal judge in Dallas ruled on Tuesday, handing a defeat to the influential firearms rights group that is facing an effort to dissolve it in New York state. U.S. Bankruptcy Judge Harlin Hale's decision, following a trial over the legitimacy of the NRA's January bankruptcy filing, means the group will remain incorporated in New York. Letitia James, New York's attorney general, had last August filed a lawsuit seeking the dissolution of the NRA, which she accused of corruption and misspending. "The question the court is faced with...

Dec. 11 (UPI) -- The U.S. government on Friday plans to execute a man convicted of killing his 2-year-old daughter nearly two decades ago. Alfred Bourgeois, 55, is set to receive lethal injection at the U.S. Penitentiary in Terre Haute, Ind. He's awaiting a Supreme Court decision on his request for a stay. His attorneys said Bourgeois' execution would be unconstitutional because he is intellectually disabled and can't understand his punishment. They submitted evidence of IQ test scores of 70 and 75, as well as assessments by experts. The Eighth Amendment bans executing people with such impairments as cruel and...

State has 14 days to ask full 5th Circuit to hear caseTexas Right to Life responded yesterday to the 2-1 decision: The United States Court of Appeals for the Fifth Circuit ruled against the Texas Dismemberment Abortion Ban, upholding the district court ruling that blocked enforcement of the Pro-Life law. After a three-year wait, the decision by the three-judge panel is disappointing and demonstrates the need for judges who follow the strictest interpretation of the Constitution. However, Texas must continue the legal battle to force a federal circuit court split, pressuring the Supreme Court of the United States to evaluate...

Texas will again be allowed to implement its temporary ban on abortion, the Fifth Circuit Court of Appeals ruled Tuesday afternoon. Per the order, any abortion "not medically necessary to preserve the life or health" of the patient must be halted as part of the state's directive suspending "non-essential" medical procedures amid the coronavirus pandemic. The ban was briefly lifted on Monday evening when a lower court ruled the suspension of abortion services was unconstitutional and in violation of Supreme Court precedent, including Roe v. Wade, the 1973 decision that legalized abortion nationwide. "I thank the court for their immediate...