Free Republic

A three-judge panel in the Court of Appeals for the Second Circuit has delivered a critical decision affirming Fourth Amendment protections and the right to keep and bear arms.On November 12, 2018, Basel Soukaneh’s life was significantly disrupted. Soukaneh was looking for a house he was considering purchasing, but the GPS on his phone, held in a holder on the dash of his car, had frozen. He was unfamiliar with the area. Soukaneh pulled over to correct the problem, left the engine running, and had the interior lights on. A Waterbury police officer quickly knocked on his window and demanded...

That conduct, as alleged by Plaintiff-Appellee Basel Soukaneh, is that in the course of a routine traffic stop, Andrzejewski unlawfully and violently handcuffed and detained Soukaneh in the back of a police vehicle for over half an hour and conducted a warrantless search of Soukaneh’s vehicle after Soukaneh presented a facially valid firearms permit and disclosed that he possessed a firearm pursuant to the permit. On appeal, Andrzejewski argues we should reverse the district court’s denial of qualified immunity because the presence of the lawfully owned firearm in the vehicle gave him the requisite probable cause to detain Soukaneh, search...

Voters in Arizona who register with the state and do not provide proof of citizenship will be rejected. "This is a victory for election integrity in Arizona. Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters. We are grateful the court is upholding this provision in our law, and it's time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races."

On March 11, 2024, Judge William Q. Hayes of the United States District Court, Southern District of California, granted a summary judgement in the case of Nguyen V. Bonta. The case is a challenge to California’s one gun a month law. Judge Hayes ruled the law violated the text of the Second Amendment and there were no reasonable analogies in the relevant legal history of the United States. Judge Hayes granted one month for an appeal to be filed to the Court of Appeals for the Ninth Circuit. The case was sent to a three judge panel of the Ninth...

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....

A Catholic school in North Carolina was within its legal rights to dismiss a substitute teacher because he was in a same-sex marriage, a federal appeals court ruled.A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled on Wednesday that Charlotte Catholic High School could fire Lonnie Billard for marrying a man.Circuit Judge Pamela Harris, an Obama appointee, authored the majority opinion, concluding that the Catholic school was protected by the "ministerial exception," noting that Billard's employment involved an inherently religious element."We conclude that the school entrusted Billard with 'vital religious duties,' making him a 'messenger' of its...

On Tuesday a 2-1 Democrat majority of the U.S. Court of Appeals for the 4th Circuit invalidated a good West Virginia law protecting girls’ sports against invasion by male-bodied transgender students. The Richmond-based tribunal held that West Virginia’s Save Women’s Sports Act violates the federal Title IX law, which was enacted to protect girls’ sports, and also that West Virginia’s protection of girls’ sports may further violate the Constitution. The Biden-appointed judge who wrote this absurd decision repeatedly used the propaganda term “sex assigned at birth,” as if sex were arbitrary and merely “assigned” to a newborn. On the contrary,...

A federal appeals court on Tuesday overturned the West Virginia law banning transgender girls from playing on girls' sports teams, finding that it violates Title IX, the federal civil rights law that prohibits sex-based discrimination in schools. The ruling comes amid a wave of anti-trans legislation cropping up across the country, as well as efforts to fight back against it. The ban in West Virginia was originally signed into law by Gov. Jim Justice in 2021, and introduced as the "Save Women's Sports Act." It required that any official or unofficial school-sanctioned event involving athletics determine each athlete's participation in...

A federal court dismissed a case Tuesday against Republican Iowa Gov. Kimberly Reynolds’ prohibition of mask mandate in school districts across the state, official documents showed. The U.S. Court of Appeals for the Eighth Circuit found “persuasive” the argument that “the general risks associated with COVID-19, even though COVID-19 remains an ever-present concern in society, are not enough to show ‘imminent and substantial’ harm,” court papers showed in part. The court also decided that “because Plaintiffs have only alleged the potential risk of severe illness should they contract COVID-19 at school, the risk of harm is too speculative to satisfy...

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...

Lawsuits against Donald Trump brought by Capitol Police officers and Democratic lawmakers over the U.S. Capitol riot, can move forward, a federal appeals court ruled on Friday. A three-judge panel of the U.S. Circuit Court of Appeals denied Trump’s request to dismiss the civil lawsuits that accuse him of inciting the violent mob on Jan. 6, 2021. But the court said it’s ruling was not the final word on whether presidential immunity shields the Republican from liability in the case and said the judges express “no view on the ultimate merits of the claims” against the former president. Trump had...

A federal appeals court on Tuesday ruled in favor of a gun rights group, saying Maryland's preliminary handgun-licensure requirement is unconstitutional and cannot be enforced. The U.S. Court of Appeals for the 4th Circuit ruled in favor of Maryland Shall Issue, which challenged the law, The Daily Record reported. The decision is a victory for gun rights advocates in the wake of the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen.

On the face of it, Friday’s decision by the Seventh Circuit Court of Appeals to overturn an injunction against enforcement of Illinois’ recently enacted ban on “assault weapons” and “large capacity” magazines doesn’t change circumstances on the ground. The three-judge panel that issued today’s decision had previously stayed U.S. District Judge Stephen McGlynn’s injunction while the state appealed, so the law has been in effect throughout litigation. Still, the 2-1 decision does matter, both because it provides an opportunity for some or all of the plaintiffs to appeal on an emergency basis to the Supreme Court and because it will...

The measure barred trans women and girls of all ages from participating in female sports teams at public schools in the state, from primary school through college. A federal appeals court on Thursday refused to allow Idaho to enforce a first-in-the-nation ban on transgender women and girls from participating in female sports leagues, saying the measure likely was unconstitutional. A 9th U.S. Circuit Court of Appeals panel delivered a victory to LGBTQ rights advocates by upholding an injunction blocking Idaho’s Fairness in Women’s Sports Act, the first of many such laws to be enacted by Republican-led states. “This is an...

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.

The Eleventh Circuit Court of Appeals has struck down Tampa, Florida's ban against talk therapy for minors seeking freedom from unwanted same-sex attraction. The city had tried to block licensed therapists from providing voluntary counseling to those minors. The federal appeals court ruled on Thursday that the ban is unconstitutional under the First Amendment.... The latest ruling is based on Liberty Counsel's previous victory in Otto v. City of Boca Raton in which the Eleventh Circuit had ruled that similar attempts to muzzle counselors from helping their clients in Palm Beach County and the City of Boca Raton were unconstitutional...

The U.S. Court of Appeals for the Ninth Circuit has declined to reconsider its decision to uphold the dismissal of a case over the practice known as “conversion therapy,” teeing up a circuit split that may ultimately land the case before the U.S. Supreme Court. Licensed marriage and family therapist Brian Tingley sued Washington state in 2021, claiming that a 2018 law that prohibited licensed mental health professionals from subjecting minors to conversion therapy violated his First Amendment rights. The Ninth Circuit issued its decision Monday not to rehear the appeal of a Washington state therapist’s challenge to a 2018...

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...

RICHMOND, Va. (AP) — A federal ruling that gender dysphoria is covered by the Americans with Disabilities Act could help block conservative political efforts to restrict access to gender-affirming care, advocates and experts say. A panel of the 4th U.S. Circuit Court of Appeals last week became the first federal appellate court in the country to find that the 1990 landmark federal law protects transgender people who experience anguish and other symptoms as a result of the disparity between their assigned sex and their gender identity. The ruling could become a powerful tool to challenge legislation restricting access to medical...

A federal appeals court has reinstated the Biden administration’s vaccine and testing requirement for private businesses that covers about 80 million American workers. The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration, which applies to businesses with at least 100 workers. In the decision Friday, the 6th Circuit noted that OSHA has historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”