Free Republic

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...

A federal judge ruled that a provision in President Biden’s $1.9 trillion coronavirus relief law limiting states from cutting taxes is unconstitutional. U.S. District Judge Douglas Cole issued the permanent injunction requested by Ohio Attorney General Dave Yost, a Republican who argued the administration was trying to impose a “tax mandate” on states. “The Biden administration reached too far, seized too much and got its hand slapped,” Mr. Yost said. “This is a monumental win for the preservation of the U.S. Constitution — the separation of powers is real, and it exists for a reason.” Mr. Yost had filed a...

The U.S. Supreme Court today denied review in Elim Romanian Church v. Pritzker, (Docket No. 20-569, certiorari denied, 3/29/2021). (Order List). In the case, the U.S. 7th Circuit Court of Appeals rejected a church's challenge to Illinois Governor J.B. Pritzker's COVID-19 orders which restrict-- or in their latest form urge restriction-- on the size of worship services. (See prior posting.)

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.

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...