Free Republic

A federal court in California on Thursday ruled against President Trump's order to exclude undocumented immigrants from the census count for apportioning congressional seats, dealing the administration its second court loss over the July executive memorandum. A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census. "The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history," the panel wrote in a 90-page decision. The order forbids the Commerce...

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...

On August 26, 2020 the U.S. Court of Appeals for the Fourth Circuit issued its decision in the case of Gavin Grimm v. Gloucester County School Board. The decision declared that rights of the plaintiff Gavin Grimm, a female student who considers herself male, were violated because the school board denied Grimm the right to access the boys' restroom and refused to amend school records to call her "male" after a court had ordered the state of Virginia to issue a new birth certificate indicating Grimm as a male. In justifying its opinion, the Court made many findings of fact...

The 9th Circuit Court of Appeals on Friday ruled that President Trump’s use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administration’s effort to limit immigration. In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction ... from using military construction funds...

MADISON, Wis. (AP) — A federal appeals court on Thursday blocked a decision to extend the deadline for counting absentee ballots in battleground Wisconsin, in a win for Republicans who have fought attempts to expand voting across the country. If the ruling stands, absentee ballots will have to be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted. Results of the presidential race in the pivotal swing state would be known within hours of polls closing. Democrats almost certainly will appeal the decision to the U.S. Supreme Court.

Key Points A federal appeals court in Manhattan rejected President Donald Trump’s effort to block enforcement of a grand jury subpoena that demands years of his income tax returns from his accountants. But court suspended enforcement of that subpoena by Manhattan District Attorney Cyrus Vance Jr., giving Trump time to ask the Supreme Court, for a second time, to step into the case and block the subpoena permanently. Trump’s lawyer Jay Sekulow said he will ask the Supreme Court to stay the unanimous decision against the president by the three-judge panel on U.S. Court of Appeals for the 2nd Circuit....

A federal appeals court on Friday voted against extending the deadline for voters to return their absentee ballots in the state of Georgia. The Atlanta Constitution-Journal reports: A three-judge panel of the 11th U.S. Circuit Court of Appeals decided 2-1 to grant a stay of a judge’s ruling that would have allowed voters three more days to return their absentee ballots.

“Nothing lasts longer than a temporary government program,” President Reagan once said. That adage certainly applies to the Temporary Protected Status program. TPS was intended to give only short-term permission for aliens to be in the U.S., but that permission has often gone on seemingly without end. Fortunately, a three-judge panel of the 9th Circuit Court of Appeals, in a 2-to-1 decision, has just dissolved an injunction that prevented the Department of Homeland Security (DHS) from ending TPS for illegal aliens from Sudan, Nicaragua, El Salvador, and Haiti who have been in the U.S. for decades. As Judge Consuelo Callahan...

On 28 August 2020, Attorney General Becerra of California petitioned the Ninth Circuit to review the case of Duncan v. Becerra. The review would be of the three-judge panel which held the California ban on magazines that hold over 10 rounds of ammunition to be unconstitutional. From the Petition for En Banc: 1 INTRODUCTION AND RULE 35 STATEMENTCalifornia respectfully petitions for rehearing en banc of the panel’s decision, which invalidates a state law restricting large-capacity magazines that can hold more than 10 rounds of ammunition (LCMs). California voters adopted the current LCM law in response to a spate of mass...

A federal appeals court on Thursday upheld a decision to throw out felony conspiracy and weapons charges against Bunkerville rancher Cliven Bundy, two of his sons and another man. Before U.S. District Judge Gloria Navarro’s January 2018 dismissal, which the government appealed, she found that the federal government improperly withheld evidence. Prosecutors had willfully withheld video surveillance, maps and FBI interview information in violation of due process required by the U.S. Constitution, the judge found. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed. “We can find no grounds for concluding that the district court abused its...

A federal appeals court ruled Monday that the Trump administration cannot withhold federal grants from California sanctuary cities, affirming previous rulings in the state. The U.S. Court of Appeals in San Francisco said its ruling that the Justice Department cannot block police funds from cities not enforcing immigration laws does not extend nationally, Bloomberg News reported. The decision follows rulings from three other regional federal appeals courts against the administration. But a New York court unanimously ruled in February that the department had the authority to withhold funds from the cities that do not comply with federal authorities' enforcement of...

Chief District Judge Jane Magnus-Stinson ruled Friday in Indiana that the execution would be delayed because of concerns from the victims’ family about the coronavirus pandemic. The Justice Department (DOJ) argued that the judge’s order misconstrued the law and asked the appeals court to immediately overturn the ruling. The appeals court found that the claim from the victims’ family “lacks any arguable legal basis and is therefore frivolous." The Justice Department also argued that while the Bureau of Prisons (BOP) has taken measures to accommodate the family and implemented additional safety protocols because of the pandemic, the family’s concerns “do...

On June 5, 2020, we reported that Appeals Court Orders Molotov Cocktail Lawyers Back to Jail: Two Brooklyn-based lawyers facing federal charges for allegedly throwing Molotov cocktails into a NYPD cruiser during the riots are back in federal custody after an appeals court reversed the bail decision. That initial and temporary appeals court decision now has been reversed, with a panel of the Second Circuit Court of Appeals, in a 2-1 decision, ordering the defendants released on bail and home confinement pending trial. ... ridiculous justification from the majority ... Judge Jon Newman wrote in Dissent: On the night of...

A federal appeals court decided 2-1 Friday that the Trump administration violated the law when it used military funds to build a wall on the Mexican border. The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money. Two Democratic appointees were in the majority. A Trump appointee dissented.

A federal appeals court on Tuesday rejected an effort by a group of lobbyists and political consultants to obtain access to the Paycheck Protection Program (PPP) and its emergency loans for small businesses hit by the coronavirus pandemic. A three-judge panel on the D.C. Circuit Court of Appeals upheld a federal judge's decision not to grant a request by the American Association of Political Consultants (AAPC) for a preliminary injunction against the Small Business Administration (SBA), which oversees the lending program. In a three-page decision, the panel rejected the group's argument that excluding lobbyists and political consultants from the loans...

A three panel DC Appeals Court Panel, Judge Henderson, Judge Wilkins and Judge Rao have ordered Michael Flynn’s Judge, Emett Sullivan, to respond to the defense petition for a writ of mandamus within ten days: Quoting the U.S. vs Fokker ruling the panel is not responding directly to the Flynn petition with an immediate decision; instead they are requiring Judge Sullivan to explain his decision to engage with extra-party amicus actions despite the DOJ and Flynn defense agreement on the motion to dismiss. The order can be viewed as a smart move by the appeals panel because Judge Sullivan has...

On Wednesday, the U.S. Court of Appeals for the Ninth Circuit ruled that a California church could challenge the state mandate to pay for elective abortion through the church’s health insurance plan. Alliance Defending Freedom, which represented Skyline Wesleyan Church in the San Diego area, reports that the case was returned to the district court after the Ninth Circuit found the case had been improperly dismissed. The opinion issued by the Ninth Circuit states: We hold that Skyline has suffered an injury in fact. Before the Letters were sent, Skyline had insurance that excluded abortion coverage in a way that...

Score one for former Democratic presidential candidates Sen. Bernie Sanders and Andrew Yang. A federal appeals court on Tuesday agreed with a lower federal court judge’s ruling that the Democratic presidential primary contest must be included on the ballot when New York holds its primary on June 23. *snip* Sanders, the populist senator from Vermont, suspended his presidential campaign in April and endorsed presumptive nominee Joe Biden a week later. But Sanders pledged to keep his name on the ballot in all upcoming primaries and caucuses to accumulate as many delegates as possible at this summer’s convention.

The Department of Justice will appeal to the Supreme Court after it was ordered to hand over sealed documents from former special counsel Robert Mueller's Russia investigation to Congress. The department on Friday asked the D.C. Circuit Court of Appeals to stay its ruling while it petitions the high court. "Whether and under what circumstances Congress may resort to the courts to seek grand jury materials generated in a criminal investigation in aid of an impeachment inquiry is plainly a question of great significance to all three branches of government, as well as to the functioning of the grand jury...

The Supreme Court has handed President Trump a victory, albeit a temporary one, by allowing the administration to enforce the “remain in Mexico” policy.Via The Hill:The justices will allow the “Remain in Mexico” policy to continue while the administration appeals a lower court ruling which deemed the program illegal and ordered a suspension that was scheduled to take effect tomorrow.Justice Sonia Sotomayor was the only justice to publicly dissent from the decision to allow the policy to continue.Known officially as Migrant Protection Protocols (MPP), the policy aims to curb entry into the U.S. by asylum-seekers, many of whom are Central...