Free Republic

Last week the US Supreme Court allowed Texas to enforce its immigration law that allows police to arrest illegal aliens. The Supreme Court’s conservative majority rejected an emergency application by the Biden Regime requesting the high court block Texas’ immigration law. The high court temporarily rejected the Biden Regime’s request as litigation made its way through the courts. The Fifth Circuit Court of Appeals last week temporarily suspended the immigration law after the Supreme Court rejected the emergency application. A three-judge panel for the Fifth Circuit in a 2-1 ruling Tuesday night rejected ‘invasion’ claims and issued a new block...

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 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...

(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....

John Banzhaf says he plans to file a bar complaint against the students who disrupted Fifth Circuit judge Kyle Duncan.

Fifth U.S. Circuit Court of Appeals Judge James Ho doubled down on his refusal to hire clerks from certain elite law schools, saying the cancel culture he's witnessed on campuses is "antithetical to America." In an interview with the Washington Examiner, Ho said his hiring boycott against Yale University and Stanford University has already made waves and garnered support among students who see discourse on their campuses improving. "The real problem with the academy is not disruption but discrimination," he said. "Rampant discrimination against mainstream views held by millions of Americans but disfavored by the cultural elites who control the...

In a bombshell ruling, the U.S. Fifth Circuit Court of Appeals has shut down the “nerve center” of federal government-led speech policing, correcting a critical error in its prior jurisprudence and striking a major blow for the First Amendment and against deep-state election interference. The court’s opinion comes in the landmark free speech case in the digital era, Missouri v. Biden. Before the litigation landed in appellate court, Louisiana District Judge Terry A. Doughty declared in a fitting Independence Day ruling that federal authorities from the Biden White House to the FBI and CDC had likely engaged in “the most...

On August 8, 2023, the Supreme Court of the United States, in a 5-4 decision, granted an emergency to the Biden administration in the case of VanDerStok v. Garland.The case centers around whether the ATF of the Biden administration correctly followed administrative procedure while creating the “Final Rule on a change in the definition of what constitutes a firearm, firearm receiver, or firearm frame, as defined by the Gun Control Act of 1968 (GCA 1968. The United States Court of Appeals for the Fifth Circuit had refused to grant the stay, on the grounds the Biden Administration was likely to...

On August 9, 2023, a three-judge panel of the United States District Court of Appeals for the Fifth Circuit found the federal ban on the possession of firearms by people who use marijuana to be unconstitutional under the Second Amendment.The case is USA v. Daniels. Daniels was pulled over for driving without a license plate in April 2022. One of the two officers was a Drug Enforcement Administration agent. That officer recognized the smell of marijuana. The two officers found several marijuana cigarette butts, a 9mm pistol, and a semi-automatic rifle in the vehicle. During questioning, Daniels admitted he was...

On August 1, 2023, a three-judge panel for the United States Court of Appeals for the Fifth Circuit issued an order which found the “Final Rule” of the ATF concerning pistol braces to be unlawful. Part of the “Final Rule” claimed pistol braces, combined with legal pistols, made the combination “short barreled rifles” subject to the regulatory requirements of the National Firearms Act (NFA). This contradicted years of previous findings by the ATF. The three-judge panel sent the case back to the trial court for a ruling on a preliminary injunction and on what injunctive relief is called for. The...

On July 27, 2023, the Attorney General of the Biden Administration, Merrick B. Garland, applied for a stay to Justice Alito at the Supreme Court in the case of VanDerStok v. Garland. The request for an emergency stay had been refused by a three-judge panel of the United States Court of Appeals for the Fifth Circuit on July 24, 2023, as reported on AmmoLand. One of the possibilities mentioned was the Biden administration would appeal directly to the Supreme Court. The possibility of a request for an en banc decision existed but was unlikely because the Fifth Circuit has been...

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) can’t enforce President Joe Biden’s ban on pistol-brace-equipped guns. That’s the result of a ruling from a three-judge panel on the Fifth Circuit Court of Appeals released on Tuesday. The court issued a preliminary injunction against Biden’s brace ban in Mock v. Garland. The scope of the order may be limited to the named plaintiffs in the case, which was brought by two individual plaintiffs and the gun-rights group Firearms Policy Coalition. “IT IS FURTHER ORDERED that Appellants’ Opposed Motion For a Preliminary Injunction Pending Appeal is GRANTED as to the...

An election software company based in Michigan sued an election integrity watchdog group and its leaders last year for defamation over claims it had conspired with the Chinese Communist Party and subverted American elections. After months of denial and litigation, the company has withdrawn it suit. Konnech is an election software company based in Michigan. It licenses election software utilized by various municipalities and counties across America. TheBlaze previously reported that Eugene Yu, the founder and CEO of Konnech, was arrested on Oct. 4 and charged on suspicion of data theft, having allegedly stored "critical information that [U.S. election] workers...

In the Fifth Circuit, the entire Court has ruled, en banc, that mere civil restraining orders may not infringe rights protected by the Second Amendment. The unconstitutional infringement was placed into law by the infamous Lautenberg Amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law. In the opinion published by the Fifth Circuit Court of Appeals, Circuit Judge James C. Ho writes a particularly well-argued and presented concurrence. The concurrence is worth reading. It is quoted below, without the footnotes:James C. Ho, Circuit Judge, concurring:The right to keep...

NEW ORLEANS — President Joe Biden’s order that federal employees get vaccinated against COVID-19 was blocked Thursday by a federal appeals court. The 5th US Circuit Court of Appeals in New Orleans rejected arguments that Biden, as the nation’s chief executive, has the same authority as the CEO of a private corporation to require that employees be vaccinated. The ruling from the full appeals court, 16 full-time judges at the time the case was argued, reversed an earlier ruling by a three-judge 5th Circuit panel that had upheld the vaccination requirement. Judge Andrew Oldham, nominated to the court by then-President...

A conservative judge who was heckled at Stanford Law School has claimed student protestors screamed that they hoped his daughters would be raped before the equity dean ambushed him in 'a staged public shaming'. Fifth Circuit Judge Stuart Kyle Duncan, 51, who was appointed by Donald Trump, was asked to give a speech at the famous law school last week about the circuit's Court of Appeals by the student chapter of the Federalist Society. However, when he arrived at the school, he was met by around 100 students yelling obscenities at him, including one protester who told him: 'We hope...

A federal judge appointed by former President Trump was ambushed by about 100 student protesters and a woke diversity dean who derailed his talk at Stanford Law School and accused him of causing “harm” to students. Tirien Steinbach, the school’s associate dean for diversity, equity and inclusion, subjected U.S. Circuit Judge S. Kyle Duncan to a lengthy harangue and made it clear to him his presence on campus was unwelcome, video of the event shows. “It’s uncomfortable to say this to you as a person. It’s uncomfortable to say that for many people here, your work has caused harm,” Steinbach...

The judge in the picture above in Kyle Duncan. He is a sitting judge on the 5th Circuit Cour of Appeals. The hideous creature on the right is Tirien Steinbach. She is the Dean of Diversity, Equity and Inclusion at Stanford University (did you even know there was such a thing?) Duncan was invited by the Stanford Chapter of the Federalist Society to give a speech on guns, COVD mandates and Twitter. As he was to being speaking he was ambushed by the hideous creature who then spouted off about how terrible Duncan was. But she then launched into an...

Fifth circuit judge Kyle Duncan is calling on Stanford to axe DEI dean Tirien Steinbach ... Fifth Circuit appellate judge Stuart Kyle Duncan, who was shouted down by Stanford Law School students as administrators looked on in silence, says the protesters behaved like "dogshit." ... Duncan is calling on the school to discipline the students who disrupted his talk and to fire the school’s associate dean of diversity, equity, and inclusion, who stepped in during the event to chastise him and deliver what the judge described as a "bizarre therapy session from hell." Duncan’s remarks come after nearly a hundred...

Priscilla Villarreal's case will be heard again tomorrow at the U.S. Court of Appeals for the 5th Circuit. She has attracted some unlikely supporters.Alliance Defending Freedom (ADF) is most known for its work taking up controversial religious freedom cases. They famously defended Jack Phillips, a baker who was the subject of a high-profile suit after he declined to make a cake for a same-sex wedding. More recently, the organization argued in front of the U.S. Supreme Court in favor of Lorie Smith, a website designer who preemptively challenged a Colorado law so that she would not have to design wedding...