Free Republic

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...

NEW ORLEANS -- President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court. In a 2-1 ruling, a panel of the 5th Circuit Court of Appeals reversed a lower court and ordered dismissal of a lawsuit challenging the mandate. The ruling, a rare win for the administration at the New Orleans-based appellate court, said that the federal judge didn’t have jurisdiction in the case and those challenging the requirement could have pursued administrative remedies under Civil Service law. U.S. District Judge Jeffrey Brown, who was appointed to the District Court...

Dec. 11 (UPI) -- The U.S. government on Friday plans to execute a man convicted of killing his 2-year-old daughter nearly two decades ago. Alfred Bourgeois, 55, is set to receive lethal injection at the U.S. Penitentiary in Terre Haute, Ind. He's awaiting a Supreme Court decision on his request for a stay. His attorneys said Bourgeois' execution would be unconstitutional because he is intellectually disabled and can't understand his punishment. They submitted evidence of IQ test scores of 70 and 75, as well as assessments by experts. The Eighth Amendment bans executing people with such impairments as cruel and...

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...