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Keyword: fifthcircuit

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  • Court upholds Texas' law in another big voter ID ruling

    04/28/2018 7:35:36 AM PDT · by fwdude · 28 replies
    AP via Fox News ^ | April 28, 2018 | Paul J. Weber
    Texas' voter ID law that was twice blocked over findings of discrimination can stay in effect for the 2018 elections, a U.S. appeals court ruled Friday. It was the second major ruling over voting rights in the U.S. this week after an Arkansas judge on Thursday blocked that state's voter ID measure as unconstitutional. But in a 2-1 decision by the 5th U.S. Circuit Court of Appeals in New Orleans, the Texas law that critics have slammed as one of the toughest voter ID measures in the nation was seen as a suitable replacement for the original 2011 law that...
  • Federal appeals court orders changes to Texas voter ID law

    07/20/2016 12:48:16 PM PDT · by ColdOne · 67 replies
    foxnews.com ^ | 7/2/16 | AP
    AUSTIN, Texas – A federal appeals court ruled Wednesday that Texas' strict voter ID law violates the Voting Rights Act and ordered changes before the November election. ADVERTISEMENT The ruling from the 5th U.S. Circuit Court of Appeals instructs a lower court to make changes that fix the "discriminatory effect" of the 2011 law, but to do so in a way that disrupts this year's election season as little as possible. President Barack Obama's administration took the unusual step of deploying the weight of the U.S. Justice Department into the case when it challenged the law, which requires Texas residents...
  • Appeals court strikes down Texas voter ID law

    07/20/2016 12:44:44 PM PDT · by TigerClaws · 28 replies
    Texas’s voter ID law violates federal laws prohibiting electoral discrimination, an appeals court ruled Wednesday. The U.S. 5th Circuit Court of Appeals struck down the 2011 state law, widely viewed as the one of the nation’s strictest such requirements, ruling that it violates section 2 of the Voting Rights Act. "The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact," Judge Catharina Haynes wrote in the ruling.
  • U.S. escalates ethics battle with judge in immigration case

    06/05/2016 7:40:26 AM PDT · by Elderberry · 15 replies
    SCOTUSblog ^ | 6/4/2016 | Lyle Denniston
    Escalating its constitutional battle with a federal judge over the ethics of government lawyers in the major test case on presidential power over immigration, the Justice Department late Friday night asked a federal appeals court to swiftly nullify the judge’s order of sanctions. In a massive filing of nearly four hundred pages, the department also asked that the judge’s order be put on hold while it is being challenged in the U.S. Court of Appeals for the Fifth Circuit. This new conflict between the Obama administration and U.S. District Judge Andrew S. Hanen of Brownsville, Texas, is separate but related...
  • Obama plan on immigration gets cold reception at appeals court

    07/13/2015 9:15:50 AM PDT · by GoneSalt · 14 replies
    Miami Herald ^ | July 12, 2015 | Julia Preston
    NEW ORLEANS- Government lawyers labored Friday to persuade federal appeals court judges here to allow President Barack Obama to move ahead with sweeping initiatives to protect immigrants in the country illegally. But the judges’ questions seemed to make it ever more unlikely that the president’s programs, which he has hoped would be a central piece of his legacy, would start any time before the last months of his term, if at all.
  • Another Court Loss for Obama’s Amnesty… Not That it Matters

    07/12/2015 10:05:28 AM PDT · by E. Pluribus Unum · 13 replies
    Breitbart ^ | 07/12/2015 | John Hayward
    If the rule of law still meant anything in Obama’s America, the President’s agenda of amnesty for illegal aliens would be in big trouble. It doesn’t, so the Administration just keeps pumping out amnesty documents, no matter how often federal courts order them to stop. Team Obama even stooped to flat-out lying to a federal judge about the need for a temporary injunction to stop the amnesty printing press. Later they made a “surprise filing” to the judge disclosing that their previous statements were false, and – whoopsie! – they had already tossed 100,000 amnesty packages out.So the news from Politico that...
  • Court sets July hearing on Obama's immigration actions

    05/28/2015 10:20:41 AM PDT · by jazusamo · 18 replies
    The Hill ^ | May 28, 2015 | Jordan Fabian
    A federal appeals court said Wednesday it has set a date to hear an expedited appeal of a lower court order that put President Obama’s deportation relief programs on hold. The 5th Circuit Court of Appeals will hear oral arguments on July 10 in New Orleans in the Obama administration’s attempt to lift a preliminary injunction from U.S. District Court Judge Andrew Hanen of Texas, which blocked several key executive actions from taking effect. The hearing will present a major test for the administration, which is seeking to end the legal limbo surrounding its immigration programs. A three-judge panel from...
  • BREAKING: In A HUGE Blow To The President, Appeals Court Has Just Upheld Block On Amnesty

    05/27/2015 1:15:10 PM PDT · by lbryce · 15 replies
    Western Journalism ^ | My26, 2015 | Norvell Rose
    In a stunning setback to President Obama’s effort to defer deportation and grant certain citizenship rights to millions of illegal immigrants, a federal appeals court has just upheld an injunction blocking Obama’s executive order on amnesty. The Washington Times reports that the highly anticipated ruling by the U.S. Court of Appeals for the Fifth Circuit marks the second major legal setback for an administration that was skirting the Congress and charging ahead on its highly controversial program to defer deportation for as many as 5 million illegals. The U.S. Court of Appeals for the Fifth Circuit ruled in favor of...
  • Federal appeals court deals blow to President Obama’s amnesty

    05/26/2015 11:22:15 AM PDT · by jazusamo · 71 replies
    The Washington Times ^ | May 26, 2015 | Stephen Dinan
    A federal appeals court upheld an injunction against President Obama’s new deportation in a rulingTuesday that marks the second major legal setback for an administration that had insisted its actions were legal. The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas, which had sued to stop the amnesty, on all key points, finding that Mr. Obama’s amnesty likely broke the law governing how big policies are to be written. “The public interest favors maintenance of the injunction,” the judges wrote in the majority opinion. Mr. Obama had acted in November to try to grant tentative...
  • Judicial Watch Statement on Fifth Circuit Court’s Ruling against Obama Administration’s Executive...

    05/27/2015 10:14:09 AM PDT · by jazusamo · 16 replies
    Judicial Watch ^ | May 27, 2015 | Tom Fitton
    (Washington, DC ) – Judicial Watch President Tom Fitton made the following statement regarding the recent Fifth Circuit Court of Appeals’ ruling which found the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, President Obama’s executive amnesty, likely will not survive court scrutiny: The Fifth Circuit Court’s ruling against President Obama’s executive amnesty, officially known as the Deferred Action for Parents of Americans and Lawful Permanent Residents program, is a win for the American people. The federal courts aren’t buying into President Obama’s power grab that rewrites immigration law. It is reassuring to see that the...
  • Politico: Bad News for Obama’s Executive Amnesty at Appeals Court

    04/17/2015 8:28:26 PM PDT · by E. Pluribus Unum · 23 replies
    Breitbart ^ | 2015-04-17 | Breitbart News
    There were few positive signs for the White House Friday as President Barack Obama’s latest executive actions on immigration were debated in front of a federal appeals court. During more than two hours of oral arguments before the 5th Circuit U.S. Court of Appeals in New Orleans, Obama’s own statements about his immigration moves were used by a Republican-appointed judge to put a Justice Department lawyer on the defensive.
  • U.S. appeals court judges skeptical over lifting hold on Obama immigration order

    04/17/2015 2:57:56 PM PDT · by 11th_VA · 50 replies
    Reuters ^ | Apr 17, 2015 4:07pm EDT | By Jonathan Kaminsky
    NEW ORLEANS (Reuters) - Two conservative U.S. appeals court judges expressed skepticism on Friday over arguments to lift an injunction blocking President Barack Obama's efforts to overhaul immigration law without congressional action. Administration lawyers were in court to ask a 5th U.S. Circuit Court of Appeals panel to lift the injunction, issued in February by a federal judge in Texas, halting the president's executive action intended to shield 4.7 million undocumented immigrants from deportation.
  • Obama immigration orders face major test in federal court

    04/17/2015 10:25:35 AM PDT · by don-o · 11 replies
    Roll Call ^ | April 16, 2015 | Jordan Fabian
    President Obama’s executive actions on immigration will be tested on Friday when a federal appeals court considers whether to lift an order blocking the actions to allow millions of immigrants without legal status to remain in the United States. Lawyers from the federal government and 26 states opposed to Obama’s immigration policies will make oral arguments in front of a three-judge panel from the Fifth Circuit U.S. Court of Appeals in New Orleans, the most conservative circuit in the country. ADVERTISEMENT The administration is seeking an emergency stay lifting a Texas judge’s order freezing Obama’s November executive actions, which could...
  • Louie Gohmert Accuses FBI Of Aiding Muslim Brotherhood: ‘They Want Sharia Law, Not Our Constitution’

    06/16/2013 6:27:15 AM PDT · by RoosterRedux · 24 replies
    mediaite.com ^ | 6/16/2013 | Evan McMurry
    On the House floor on Friday, Texas Representative Louie Gohmert accused various federal agencies of aiding Islamic terrorists organizations such as the Council on American Islamic Relations and the Islamic Society of North America in their attempts to enact Sharia Law. “We need to address the political correctness that is blinding our agencies and blinding our military of its ability to see who the enemy is, because it’s getting people killed,” Gohmert said. “When you refuse to acknowledge that the Afghans you’re training, may be willing to turn their guns you’re training them on and kill you…until you recognize that...
  • NRA v. BATFE: A Misinterpretation of History (Fifth Circuit)

    11/11/2012 6:56:30 AM PST · by marktwain · 8 replies
    jurist.org ^ | 9 November, 2012 | Stephen Halbrook
    Recently, in NRA v. BATFE, the US Court of Appeals for the Fifth Circuit upheld the ban on the sale of handguns by federally licensed dealers to persons under the age of 21. The law in question, which was codified in sections of 18 USC § 922 and was passed as part of the Omnibus Crime Control and Safe Streets Act of 1968 [PDF], raises serious issues under the Second Amendment. Persons in the 18 to 20-year-old age group at issue have borne arms in military service since the US was founded and are entitled to vote under the Twenty-Sixth...
  • Court Tells Obama To Do His Judicial Review Homework

    04/04/2012 4:53:42 PM PDT · by Kaslin · 24 replies
    IBD Editorials ^ | April 4, 2012
    Justice: A Fifth Circuit Court judge, not amused by presidential intimidation of the courts, tells the Justice Department to produce a three-page letter explaining the administration's position on judicial review of laws. It wasn't an order to have President Obama write "I will not question judicial review" 500 times on the blackboard but the Fifth Circuit Court request for a "specific" explanation of the administration's position on whether courts can decide the constitutionality of laws is close enough. The Fifth Circuit, which is hearing a case against ObamaCare brought by physician-owned hospitals, was not amused by the recent presidential questioning...
  • Obama's Officious Opinions

    04/04/2012 3:26:59 PM PDT · by Fitzy_888 · 1 replies
    The American Spectator ^ | 4.4.12 @ 6:11AM | By Ross Kaminsky
    On Tuesday afternoon, in a stunning rebuke of President Obama, Judge Jerry Smith of the Fifth Circuit Court of Appeals decided he had heard enough of the president's incessant hyper-partisan rhetoric challenging the independence of the federal judiciary. (...) He then ordered the Justice Department to respond to the court by noon on Thursday with a letter (minimum three pages, single-spaced) explaining with specificity the DOJ's position on "judicial review, as it relates to the specific statements of the president, in regard to Obamacare and to the authority of the federal courts to review that legislation." (Audio of the relevant...
  • A Leadership of Cowards? - Why is Eric Holder embarrassed about enforcing civil rights in...

    03/16/2009 11:54:44 AM PDT · by neverdem · 11 replies · 1,255+ views
    National Review Online ^ | March 16, 2009 | Hans A. von Spakovsky
    March 16, 2009, 4:00 a.m. A Leadership of Cowards?Why is Eric Holder embarrassed about enforcing civil rights in Noxubee County? By Hans A. von Spakovsky Attorney General Eric Holder calls the U.S. “a nation of cowards” because we “do not talk enough about race.” I find this ironic, since the Justice Department seems embarrassed about a recent judgment in its favor by the U.S. Court of Appeals for the Fifth Circuit. U.S. v. Ike Brown is a major Voting Rights Act case involving intentional race-based discrimination by local officials in Noxubee County, Miss. When the Fifth Circuit issued its...
  • Qualified to Serve (WaPo Supports Judge Southwick's Nomination)

    08/18/2007 7:20:06 AM PDT · by freespirited · 9 replies · 327+ views
    Washington Post ^ | 8/18/07 | Editorial Board
    BEFORE BEING nominated by President Bush to the U.S. Court of Appeals for the 5th Circuit, Leslie H. Southwick served for almost 12 years on the Mississippi Court of Appeals, where he participated in thousands of cases spanning the gamut of civil and criminal law. A panel of the American Bar Association unanimously found Judge Southwick to be "well qualified" for the promotion, its highest ranking. Yet congressional opponents have latched on to two opinions that Mr. Southwick joined, but did not write, to argue that he is unfit for the federal appeals post. ... Adding to the discomfort of...
  • 'China-level' Christian persecution coming: court's ruling in Houston Bible case 'breath-taking'

    08/17/2006 8:21:56 PM PDT · by xzins · 238 replies · 4,735+ views
    WorldNetDaily ^ | 17 Aug 06 | WND
    'China-level' Christian persecution coming: Pastors say court's ruling in Houston Bible case 'breath-taking' -------------------------------------------------------------------------------- Posted: August 17, 2006 5:00 a.m. Eastern © 2006 WorldNetDaily.com Houston's Bible monument A few more court decisions like this week's over a display of a Bible in Houston and the United States will be approaching the "China-level" for Christian persecution, according to a leader in the midst of that battle. The ruling from the Fifth Court of Appeals said the display of a Bible on public ground in Houston to honor the founder of a mission has to go, not because it was unconstitutional itself,...