Free Republic

upreme Court Justice Ruth Bader Ginsburg voted against President Donald Trump’s proposed immigrant asylum restrictions from the hospital where she had cancer surgery Friday, according to media reports. NBC reported that Ginsburg voted from her hospital bed. National Public Radio and Mother Jones magazine said she cast the decisive vote in the 5-4 decision against the Trump administration shortly after her surgery to remove two cancerous nodules from her lungs. The ruling blocks the Trump administration from implementing new rules prohibiting people from seeking asylum if they cross the border illegally. By Friday night Ginsburg, 85, was sitting up in...

A federal judge says Broward schools and the Sheriff’s Office had no legal duty to protect students during the shooting at Marjory Stoneman Douglas High School. U.S. District Judge Beth Bloom dismissed a suit filed by 15 students who claimed they were traumatized by the crisis in February. The suit named six defendants, including the Broward school district and the Broward Sheriff’s Office, as well as school deputy Scot Peterson and campus monitor Andrew Medina. Bloom ruled that the two agencies had no constitutional duty to protect students who were not in custody. “The claim arises from the actions of...

Judge John Bates of the U.S. District Court for the District of Columbia made the remarks Thursday at a townhall-style event on judicial independence in Philadelphia at the National Constitution Center. Though he did not name Trump specifically, his comments left little mystery as to whom he was referring. “There are a lot of pressures,” Bates said. “The pressures are fairly severe in some quarters. And there’s a risk of eating away at the rule of law, eating away at judicial independence, and that’s not easily recovered if it is impacted.” “‘Once the independence of judges is destroyed, the Constitution...

The Trump administration on Tuesday formally asked the Supreme Court to block a nationwide ban on the administration's new asylum policy that was unilaterally instituted by a Ninth Circuit Court of Appeals judge last month. In a November news conference days before the midterm elections, Trump had vowed to turn away all asylum seekers who attempt to cross the border illegally instead of properly presenting themselves at ports of entry. The president, who has long said the asylum process is rife with fraud, said the emergency policy was necessary as the leading Central American migrant caravan approached the U.S. border...

The 9th U.S. Circuit Court of Appeals upheld a temporary restraining order against a Trump administration policy that denies asylum to illegal aliens. The 2-1 decision is the latest setback the 9th Circuit has rendered to President Donald Trump’s immigration agenda. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the executive legislate from the oval office,” Judge Jay Bybee wrote for the majority. Former President George W. Bush appointed Bybee to the bench, and the judge has a conservative reputation.

SAN FRANCISCO — A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision. "Just as we may not, as we are often reminded, 'legislate from the bench,' neither may the Executive legislate from the Oval Office," 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for...

Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds. The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment’s Takings Clause or the Fourteenth Amendment’s Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers’ motion to preliminarily enjoin enforcement of the law. Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court....

A federal appeals court on Tuesday struck down a portion of federal law that makes it a crime to encourage illegal immigration, ruling that the statute violates the First Amendment. “Criminalizing expression like this threatens almost anyone willing to weigh in on the debate,” Judge A. Wallace Tashima wrote in his opinion for the 9th Circuit Court of Appeals, Politico reported. Federal prosecutors argued that the law should apply only to individuals who provide "substantial assistance" to immigrants entering or residing in the U.S. illegally, according to Politico, which noted that the law took effect before President Trump took office....

A federal judge in New York has ruled the Trump sanctuary city crackdown illegal Friday — but even went further and also ruled the law Congress passed requiring information-sharing is unconstitutional. Judge Edgardo Ramos‘ decision frees sanctuary jurisdictions in New York, Connecticut, New Jersey, Rhode Island, Washington, Massachusetts and Virginia to continue their policies without fear of losing federal money. The judge said the Trump administration attempted to write new conditions of cooperation, including notifying the feds of illegal immigrants ready for pickup, beyond what Congress had authorized. He said it is up to Congress to decide those conditions. “The...

A federal judge struck down Mississippi’s controversial law banning most abortions after 15 weeks about eight months after the Republican governor approved it. The law, called the Gestational Age Act, was considered to be the most restrictive in the U.S. It banned abortions after 15 weeks and only allowed for exemptions if the pregnancy threatened a woman's life or "major bodily function" or if the fetus would be “incompatible with life” outside of the womb. Exemptions would not be granted for pregnancies that resulted from rape or incest. Doctors who violated the ban would have faced mandatory suspension or revocation...

In Jackson Women's Health Organization v. Currier, (SD MS, Nov. 20, 2018), a Mississippi federal district court held unconstitutional a recently enacted Mississippi statute that prohibits most abortions after 15 weeks gestation. The court said in part: [T]he real reason we are here is simple. The State chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade. This Court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the...

A liberal-leaning California-based federal appeals court that has often ruled against President Donald Trump dealt him another setback this week in a major immigration case and soon could be asked to weigh in on a pipeline project he has championed. The 9th U.S. Circuit Court of Appeals, based in San Francisco, has been a thorn in Trump’s side since he took office last year and has drawn the Republican president’s ire for its decisions in high-profile cases. See more examples

A federal judge on Tuesday ruled that the U.S. law banning female genital mutilation was unconstitutional and dismissed charges against several doctors in Michigan who carried out the procedure on underage girls as part Muslim sect’s religious practice.

WASHINGTON — Chief Justice John Roberts is pushing back against President Donald Trump's description of a judge who ruled against Trump's new migrant asylum policy as an "Obama judge." It's the first time that the leader of the federal judiciary has offered even a hint of criticism of Trump, who has previously blasted federal judges who ruled against him. Roberts said Wednesday the U.S. doesn't have "Obama judges or Trump judges, Bush judges or Clinton judges." He commented in a statement released by the Supreme Court after a query by The Associated Press.

<p>A federal judge temporarily blocked the Trump administration from denying asylum to migrants who illegally cross into the United States, saying the policy likely violated federal law on asylum eligibility.</p> <p>The judge pointedly denied the claim that the president, by fiat, could give the manner of entry added legal weight as a determinant of asylum. He reasoned that the “interpretive guide” of United Nations compacts on asylum lent extra force to congressional requirements. The intent of Congress, Tigar wrote, was “unambiguous.”</p>

One emailer wrote: ““You are a disgusting, vile Jew … This is OUR country: you’re merely living here (for now).” A caller said: “You should have died in the Holocaust with the rest of your people.” But the calls that most disturbed Tanya Gersh consisted only of the sound of gunshots being fired. The terror campaign — known as a “troll storm” — was the result of Daily Stormer publisher Andrew Anglin’s December 2016 directive, urging hundreds of thousands of readers to harass the Jewish woman and her family, according to court filings. Gersh sued the known neo-Nazi. On Wednesday,...

The cable network made an emergency request so its correspondent could have access to the White House as lawsuit continues. WASHINGTON—A federal judge granted an emergency motion to restore the White House press credential of CNN correspondent Jim Acosta—a victory for the network in a closely watched press-freedom case. The lawsuit could determine whether the government can ban individual reporters from public buildings. District Judge Timothy Kelly, who was appointed to the bench by President Trump, granted CNN’s request for a restraining order temporarily restoring Mr. Acosta’s press access to the White House while the case proceeds. Lawyers for Mr....

A Georgia federal judge ruled in favor of Democrat Stacey Abrams’ campaign Monday night, ordering election officials to review thousands of provisional ballots that have not been counted in the contested election for governor. Judge Amy Totenberg, a New Yorker who serves on the Atlanta-based court, said that the race cannot be officially certified until those ballots were counted. Many voters have complained they were told at polling stations they weren’t registered and had to file provisional ballots. Abrams would need to gain more than 20,000 votes to force a runoff against Republican Brian Kemp.

A federal judge blocked the construction of the Keystone XL pipeline Thursday, ruling that the Trump administration hadn’t justified changing President Obama’s earlier rulings. Judge Brian Morris of the U.S. District Court for Montana, who was appointed by Mr. Obama, handed environmentalists a huge victory by saying Mr. Trump’s decision to sign the permit for the Canada-to-Texas pipeline shortly upon taking office did not have a sufficient basis ....

All the Lefty Twitter blue-checks are touting the opinion of the toothless geezer John Paul Stevens that Brett Kavanaugh doesn't have the temperament to be on the Supreme Court. Stevens also believes that the Second Amendment should be abolished, and that Merrick Garland should have been given a hearing. He also believes that pixies steal his dentures when he can't find them.