Free Republic

(The Epoch Times)—Restrictions imposed by President Joe Biden’s administration on so-called ghost guns are illegal, a federal appeals court ruled on Nov. 9. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), an Executive Branch agency that promulgated the rule containing the restrictions in 2022 with President Biden’s support, overstepped its authority, according to a panel of the U.S. Court of Appeals for the 5th Circuit. “The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy,” U.S. Circuit Judge Kurt Engelhardt wrote in the ruling....

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...

A federal appeals court on Wednesday said the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a blow to an Obama-era program that provides deportation protection and work permits to nearly 600,000 immigrant "Dreamers" who lack legal status. A three-judge panel for the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old program. Despite its conclusion, the appeals court did not order...

A sharply divided 5th U.S. Circuit Court of Appeals panel has ruled that a Texas judge may start the day with prayer, overturning a decision from the U.S. District Court for the Southern District of Texas.

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...

As Joe Biden’s federal vaccine mandate gets ripped apart in the courts, his own White House Chief of Staff has retweeted a very damaging message on social media. The courts found that the White House’s own chief of staff had a shady reason for supporting the mandate. This was hidden in a footnote inside the 22-page ruling. White House Chief of Staff Ron Klain retweeted a message that explains why Biden is forcing employees to get vaccinated. “OSHA doing this vaxx mandate as an emergency workplace safety rule is an ultimate work-around for the Federal govt to require vaccinations,” Klain...

Move aside, Donald Trump. Biden’s own White House Chief of Staff has tweeted something far more damaging to his administration than the former president ever did. In case you missed it, President Biden’s unlawful federal vaccine mandate has been getting hammered in the courts. The Biden administration recently suffered a devastating ruling that held the mandate suffered from “grave statutory and constitutional” defects. In the course of The Fifth District Court of Appeals maintaining its emergency temporary stay of the federal vaccine mandate over the objections of the Biden administration, the court found that the White House’s own chief of...

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