Free Republic

A federal judge on Friday ruled that the U.S. Naval Academy may continue to consider race when evaluating candidates to attend the elite military school, even after the U.S. Supreme Court last year barred civilian colleges from employing similar affirmative action policies.

BALTIMORE (AP) — A federal judge on Friday ruled that the U.S. Naval Academy can continue considering race in its admissions process, ruling that military cohesion and other national security factors mean the officer training school should not be subjected to the same standards as civilian universities. During a two-week bench trial in September, attorneys for the school argued that prioritizing diversity in the military makes it stronger, more effective and more widely respected. The group behind the case, Students for Fair Admissions, also brought the lawsuit challenging affirmative action that resulted in a landmark U.S. Supreme Court ruling last...

A federal appeals court on Wednesday stopped the federal government from destroying a fence of razor wire that Texas installed along the U.S.-Mexico border near Eagle Pass to deter migrants from entering the country illegally. The ruling, criticized by activists, came hours before Mexico President Claudia Sheinbaum told President-elect Donald Trump that immigrants headed to the U.S. are being “taken care of” in her country. Texas had placed more than 29 miles of wire in the Eagle Pass area by last September when Attorney General Ken Paxton sued the Biden administration over Border Patrol agents’ alleged illegal destruction of state...

A federal judge ruled on Saturday that part of a Texas law that enacted new voting restrictions violated the U.S. Constitution by being too vague and restricting free speech. The ruling, made by U.S. District Judge Xavier Rodriguez, immediately halted the state’s ability to investigate alleged cases of vote harvesting, such as the investigation into the League of United Latin American Citizens by Attorney General Ken Paxton. Before today’s ruling, a person who knowingly provided or offered vote harvesting services in exchange for compensation was committing a third-degree felony. This meant that organizers of voter outreach organizations and even volunteers...

"about 30 trucks with armed terrorists in them, with cameras and Hamas and Palestinian flags" That's some of the testimony from Israeli military reservist Amit Yerushalmi... A massive Ukrainian drone attack on Toropets, Russia early Wednesday... The Russian military in Syria says a US drone came dangerously close to one of its warplanes over Homs... North Korea firing multiple short-range missiles on Wednesday morning... For a third night in a row an overflow at a reception center for migrants seeking asylum in the Netherlands... A US Appeals Court upholding the conviction of Ghislaine Maxwell in connection her activities linked to...

On Thursday a three-judge panel from the United States Court of Appeals for the Ninth Circuit decided that Steven Duarte, a felon, has a “right to possess a firearm for self-defense.” Courthouse News Service noted Duarte has five felony convictions and was a member of a street gang in Los Angeles. The decision upholding Duarte’s gun rights was split, with George W. Bush appointee Carlos Bea and Donald Trump appointee Lawrence VanDyke deciding in the majority. Bea wrote the majority opinion, noted the panel tested the prohibition against felons possessing guns in light of Bruen (2022) and found the government...

Officials tried to use a novel interpretation of tax law to expand the reach of Title IX regulations. This ruling put a stop to that. . A federal court of appeals ruling last month protects nonprofits (including private schools and homeschools) from federal overreach in the context of Title IX regulations. Schools that receive government money have to abide by Title IX, but the court found that having 501(c)(3) status is not enough to put a private school into that category. The ruling means private schools cannot be subject to Title IX solely because of their status with the IRS....

Despite being slapped down by the U.S. Court of Appeals for ordering a Jan. 6 probationer’s computer use be monitored for so-called “disinformation,” a senior federal judge in Washington D.C. appears ready to reimpose the restriction on Daniel Goodwyn of Corinth, Texas. Senior U.S. District Judge Reggie Walton ordered Mr. Goodwyn to “show cause” for why the computer monitoring provision should not be reimposed. Judge Walton set a June 4 hearing date on the issue in Washington.

Oh, where to begin in the latest episode of “America’s Judicial Rollercoaster” featuring the audacious blockade by the 5th U.S. Circuit Court of Appeals against Texas's gallant effort to enforce its own borders? Yes, you heard that right. In a move that could only be concocted in the wildest dreams of a liberal screenplay writer, the appellate court decided to thumb its nose at the U.S. Supreme Court. Why? Simply to prevent Texas from using Senate Bill 4 to do the unfathomable: arrest and deport illegal immigrants. Gasp! The horror of a state taking steps to protect its citizens and...

A federal appeals court on Friday ruled that an enhancement charge used against Jan. 6 defendants to lengthen their sentences couldn’t apply to the Capitol protest. In a unanimous opinion from the D.C. Circuit Court of Appeals, Judge Patricia Millett, an Obama appointee, said prosecutors’ use of a “substantial interference with the administration of justice” charge to enhance the prison sentence of Larry Brock was too broad. “We hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes,” wrote Judge Millett.... The ruling could affect other Jan. 6 defendants who...

The former Kentucky clerk who refused to grant a gay couple a marriage license must pay an additional $260,104 to the couple, a federal judge ruled last week. David Ermold and David Moore sued former Rowan County Clerk Kim Davis in 2015 after she declined to issue the couple a marriage license because doing so would violate “God’s definition of marriage” and her religious beliefs as a Christian. The additional fees Davis must pay are on top of the $100,000 in damages she was ordered to pay Ermold and Moore in September after losing the lawsuit the couple brought. Davis’s...

Less than a week after a Del Rio-based federal judge ruled against Texas in the ongoing fight over the state’s razor wire, the 5th U.S. Circuit Court of Appeals paused that decision while it reviews the case. The 5th Circuit Court of Appeals on Monday temporarily halted a lower court order that gave Border Patrol agents legal cover to continue cutting concertina wire that Texas has installed on the banks of the Rio Grande. U.S. District Judge Alia Moses of Del Rio on Wednesday ruled against Texas Attorney General Ken Paxton’s office, which wanted the judge to order Border Patrol...

A federal appeals court has set a mid-January deadline for the Louisiana state legislature to draw up a new congressional map, which comes in a long-running legal dispute that included a lower court ruling that found the current map likely unfairly diluted the power of black voters. A three-judge panel in the 5th Circuit Court of Appeals issued its order on Nov. 10, requiring the state legislature to pass a new map by Jan. 15, 2024. The appeals court's order notes that, if the state legislature fails to adopt a new map by the deadline, then the lower court should...

WASHINGTON — A federal appeals court in Virginia this week delivered a message to Congress, the White House and developers of the Mountain Valley Pipeline: not so fast. Pennsylvania-based Equitrans Midstream’s roughly 300-mile pipeline, envisioned to bring shale gas from the Marcellus and Utica in Appalachia to markets in the Southeast, was fast-tracked as part of the Biden administration’s deal with Congress to suspend the debt limit in June. It’s also supported by Pennsylvania congressmen, including U.S. Reps. John Joyce, R-Blair, and Guy Reschenthaler, R-Peters, who joined U.S. Rep. Carol Miller, R-W.Va., to introduce the legislation in May that helped...

The developers of Mountain Valley Pipeline have asked the chief justice of the U.S. Supreme Court for an emergency intervention to allow the project’s construction to progress. The pipeline developers made their application late Friday to vacate the stays of the Fourth Circuit of the U.S. Court of Appeals. Such applications represent a request for emergency action addressed to a specific justice, in this case Chief Justice John Roberts. Each justice is assigned to circuits to handle such applications, and Roberts has the Fourth Circuit, which includes the region where the pipeline is being developed. The 35-page filing is in...

Autokeycard.com Seized By the ATF, Owner Arrested For Selling A Drawing In the Autokey Card case, a jury found Matthew Hoover, better known as CRS Firearms on YouTube, and Justin Ervin guilty. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) charged the men with violating the National Firearms Act (NFA) of 1934 for selling machineguns and conspiracy. Ervin faced an additional charge of structuring. The case stems from Mr. Ervin selling a metal card with an image inspired by a lightning link etched into it. Ervin sold the cards as a novelty and contracted with Mr. Hoover to promote...

A federal appeals court on Monday vacated a water permit needed by developers to restart construction on the Mountain Valley pipeline in West Virginia, marking the latest setback for the $6.2 billion project. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals found several defects in the review the West Virginia Department of Environmental Protection conducted before issuing the permit.

In Ciraci v. J.M. Smucker Company, (6th Cir., March 14, 2023), the U.S. 6th Circuit Court of Appeals held that employees of a company that sells food products to the federal government may not assert a 1st Amendment free-exercise claim against the company for denying them a religious exemption from a COVID vaccine mandate imposed by the company after the federal government required government contractors to do so. The court said in part: Constitutional guarantees conventionally apply only to entities that exercise sovereign power, such as federal, state, or local governments.... Smucker’s may be a big company. But it is...

By any standard, the treatment of January 6 defendants has been a disgrace to the Department of Justice, the DC federal bench, and the Constitution. Scores of people have been held in inhumane conditions in the DC Gulag, denied their constitutional right to speedy trial, and denied access to exculpatory evidence. The blanket media coverage excoriating them as “violent insurrectionists” has prevented these constitutional outrages from becoming a national scandal. But there is a chance, a small chance, that the release of CCTV Capitol video by Speaker McCarthy may change the national consensus (other than in conservative media) that there...

A federal judge in Chicago has denied a motion seeking a temporary restraining order and preliminary injunction to block Illinois’ assault weapons ban and a similar ordinance in Naperville. U.S. District Judge Virginia Kendall ruled Friday that the Illinois and Naperville bans on selling assault weapons are “constitutionally sound.” Lawyers for the National Association for Gun Rights and Robert Bevis, who owns a gun store in Naperville, had sought the court orders in a lawsuit to stop the bans. As is now common in such cases, they argued that it’s “impossible” for the new state gun law and a similar...