Free Republic

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 ......

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...