The Texas Heartbeat Act, which bans most abortions after around six weeks of pregnancy, is still in effect after the Supreme Court rejected a request to remand the law.
The justices sent the case back to a state court for procedural determinations, according to Fox News. Justices Breyer, Kagan and Sotomayor dissented.
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One of the lawyers in the historic U.S. Supreme Court case that blocked the Biden administration’s vaccine mandate on private business is warning it is only a preliminary victory and the larger constitutional issues about government-compelled inoculations must still be litigated.
“In some ways, yesterday was a win of a major battle, but still leaves the war to be fought,” said Robert Henneke, executive director and general counsel at the Texas Public Policy Foundation, which filed one of the original challenges in Texas against the vaccine mandate that was eventually consolidated before the Supreme Court.
“While it got to the right outcome for declaring the private employer vax mandate unlawful, it kind of misses the forest for the trees because it leaves these broader questions of federal power unresolved,” he told the John Solomon Reports podcast.
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Liberal commentators took to social media to express their disappointment following the Supreme Court’s decision to block President Joe Biden’s vaccine mandate.
The Supreme Court ruled 6-3 on Thursday that Biden’s mandate, passed through the Department of Labor’s Occupational Safety and Health Administration (OSHA), was unconstitutional, invoking the “major questions” doctrine and ruling that Congress did not grant OSHA the authority to issue the mandate.
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President Joe Biden saw a flurry of setbacks on a range of key issues this week, making it one of his toughest since taking office.
Biden addressed those difficulties in a speech Friday after losses in Congress, the Supreme Court, the court of public opinion and with the economy.
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Three Arizona members of Congress are joining in on a lawsuit against the Biden administration over its COVID-19 vaccine mandate for businesses with 100 or more employees. Reps. Paul Gosar (R-04-Ariz.), Andy Biggs (R-05-Ariz.), and Debbie Lesko (R-08-Ariz.) along with 180 other members of the U.S. House of Representatives and U.S. Senate filed an amicus curiae brief in NFIB v. OSHA challenging the authority of the Occupational Safety and Health Administration (OSHA) to implement the mandate.
The members of Congress argued that the mandate violates federalism, encroaching on the states’ authority. “[T]he sudden ‘discovery’ of authority under the OSH Act confirms that it was never intended to displace state authority in this area.” They assert, “Congress did not give that power to an agency bureaucrat.”
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A federal appeals court on Friday night reinstated President Joe Biden’s COVID-19 vaccine mandate for private companies with more than 100 workers, reversing lower court rulings and setting up a likely showdown before the U.S. Supreme Court.
A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 that the U.S. Occupational Safety and Health Administration had the authority to Impose the mandate due to take effect Jan. 4.
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A federal appeals court temporarily blocked Arizona’s new law preventing abortions for reasons of genetic abnormalities like Down syndrome, and so Arizona Attorney General Mark Brnovich has asked the U.S. Supreme Court to remove the injunction while he is appealing the decision on behalf of Arizona. The 9th Circuit Court of Appeals also upheld the injunction, and it will be up to Justice Elena Kagan, who handles emergency appeals from the 9th Circuit, to rule on the request or have the full court decide.
“Every society will ultimately be judged by how it treats its most vulnerable,” Brnovich said in a statement to Fox News. “I am proud to stand up for Arizona’s law protecting the unborn.”
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Wisconsin’s governor can continue to exclude certain news organizations from specific news conferences.
The United States Supreme Court on Friday declined to take a case entered by John J. MacIver Institute that challenged the governor’s invite-only press briefings.
MacIver sued in 2019, saying Evers violated the First Amendment by excluding its reporters from the annual budget briefing.
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The U.S. Supreme Court appears very likely to uphold Missouri’s 15-week abortion ban, which will gut a significant portion of Roe v. Wade, leaving much of abortion regulation to the individual states. Roe v. Wade prohibited the states from restricting abortion before fetal viability, around 23 weeks. If the Supreme Court rules for Mississippi in Dobbs v. Jackson Women’s Health Organization, it is expected that 26 states will then start restricting abortion as early as 15 weeks, including Arizona, which already has an old law on the books.
When Arizona was a territory, a law was passed in 1901 banning abortion. A.R.S. 13-3603 punishes the facilitation of an abortion with two to five years in prison. A woman who attempts to obtain one, whether successful or not, unless necessary to save her life, was penalized by one to five years in prison. That law was repealed this year by the Arizona Legislature.
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U.S. Representative Steve Cohen (D-TN-09) this week said states that want to enact pro-life policies, including Mississippi, are on the same level morally as states that legalized slavery more than 160 years ago. Cohen made his remarks on the floor of the U.S. House. He referred to Dobbs v. Jackson Women’s Health Organization, a case that recently went before the U.S. Supreme Court. The pending case pertains to the constitutionality of a Mississippi law that banned abortions after the first 15 weeks of pregnancy.
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When the U.S. Supreme Court takes up Dobbs v. Jackson Women’s Health Organization today, it will be asked to overrule Roe v. Wade, the court’s 50-year-old precedent that created a constitutional right to abortion. Legions of commentators are turning out to defend Roe, claiming that the Supreme Court’s legitimacy depends on reaffirming it. They are wrong.
The majority’s opinion in Roe has undermined the court’s legitimacy for nearly a half-century. Roe relied on dubious reasoning to remove a contentious policy issue from the reach of the American people, placing all abortion policy in the hands of the unelected and unaccountable judiciary. As a result, Roe has politicized the court and poisoned the judiciary. The most legitimate thing the Supreme Court can do is overrule Roe.
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Multiple lawsuits have been filed against the Biden administration over three different vaccine mandates targeting private employees, federal employees and healthcare workers serving Medicare and Medicaid patients.
But lawsuits filed by 27 states over the private sector mandate is setting the stage for the U.S. Supreme Court to weigh in because they were filed directly in five federal courts of appeals.
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A bipartisan coalition of 17 former state attorneys general, including one from Tennessee, this week urged the Presidential Commission on the Supreme Court to preserve the current number of nine U.S. Supreme Court justices. In a letter, these attorneys general proposed accomplishing that through a “Keep Nine” amendment to the U.S. Constitution. The amendment simply states that “the Supreme Court of the United States shall be composed of nine Justices.” The former attorneys general said this will protect the independence of the U.S. Supreme Court.
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As we get to the midpoint between the last presidential election and next year’s midterms, all political sides are expending extraordinary effort to ignore the 900-pound gorilla in the formerly smoke-filled room of American politics. This, of course, is Donald Trump.
The Democrats are still outwardly pretending Trump has gone and that his support has evaporated. They also pretend they can hobble him with vexatious litigation and, if necessary, destroy him again by raising the Trump-hate media smear campaign back to ear-splitting levels.
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Virginia’s congressional delegation split along party lines on a vote to legally codify providers’ right to provide abortions and patients’ right to receive abortions. The Women’s Health Protection Act of 2021 passed out of the House of Representatives Friday in a 218-211 vote with no Republicans voting for, and no Democrats voting against, although two Republicans and one Democrat did not vote. The bill now faces an uphill battle in the Senate.
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The Loudoun County Board of Supervisors voted in favor of a study Tuesday to review the history of racial discrimination and consider the merits of reparations.
The county supervisor, Juli Briskman, said the proposal was specifically related to the county’s choice to continue segregating its schools for 14 years after Brown vs. Board of Education, the 1954 U.S. Supreme Court decision that prohibited school segregation, Fox 5 DC reported.
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The U.S. Supreme Court announced Monday it would hear a case in December that directly challenges the landmark 1973 abortion case Roe v. Wade.
The high court set Dec. 1 as the date it would hear Dobbs v. Jackson Women’s Health Organization, which means a decision could be reached by June 2022.
This case features a challenge to a Mississippi law banning abortions after 15 weeks. The case especially addresses the constitutionality of abortion bans that take effect before a fetus would be viable outside the womb.
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U.S. Representative Steve Cohen (D-TN-09) has politicized the U.S. Supreme Court, calling for the court to make one radical change and also for one justice to resign before a Republican president can replace him. Cohen was angry about the U.S. Supreme Court not blocking a Texas law restricting abortion access from going into effect.
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Georgia Attorney General Chris Carr joined 17 states late last week in filing a brief before the U.S. Supreme Court to support the First Amendment rights of Seattle’s Union Gospel Mission. The Mission is seeking Supreme Court review of a recent ruling by the Washington State Supreme Court that denied the faith-based charity’s First Amendment right to hire employees who share its faith.
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The U.S. Supreme Court late Tuesday denied the Biden administration’s request to stay a lower court’s ruling reinstating a former President Donald Trump’s “Stay in Mexico” policy.
The Trump-era policy requires immigrants seeking asylum to remain in Mexico while they navigate the court system to legally gain admittance into the U.S.
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Arizona Attorney General Mark Brnovich announced that he joined a coalition of 16 states in filing an amicus brief urging the United States District Court for the Northern District of Georgia to uphold the state’s recently-enacted “Election Integrity Act of 2021.”
The attorneys general expressed their support for Georgia’s motion to throw out the U.S. Department of Justice (DOJ) lawsuit against the new voting law, which Georgia said was based on “political posturing rather than a serious legal challenge.”
The “Election Integrity Act of 2021,” or Senate Bill 202, passed the legislature along party lines. Gov. Brian Kemp, R-Ga, signed the 98-page omnibus bill on March 25.
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Both Arizona Gov. Doug Ducey and Arizona Attorney General Mark Brnovich joined separate amicus curiae briefs with other governors and attorneys general in an abortion case out of Missouri that would gut Roe v. Wade by banning most abortions after 15 weeks of pregnancy. Ducey joined 11 other governors led by South Carolina Governor Henry McMaster in Dobbs v. Jackson Women’s Health Organization to demand that the Supreme Court uphold the state law and undo Roe v. Wade. Brnovich signed on with 23 other attorneys general led by Texas Attorney General Ken Paxton to ask that the court overrule Roe v. Wade because it is “erroneous, inconsistent, uneven, and unreliable.”
Ducey said in a statement, “The Constitution preserves the rights of the states by specifically enumerating the authority granted to the federal government. Unfortunately, almost 50 years ago, the U.S. Supreme Court decided to ignore the Constitution and created policy which has led to the over-politicization of this issue for decades.”
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The U.S. Appeals Court for the 11th Circuit on Friday vacated its recent decision that allowed the U.S. Centers for Disease Control (CDC) and Prevention to enforce its COVID-19 safety rules related to the Florida cruise ship industry.
Just before the decision, Florida asked the United States Supreme Court to intervene and reverse the appeals court’s decision.
“I’m glad to see the 11th Circuit Court of Appeals reverse its prior decision and free the cruise lines from unlawful CDC mandates, which effectively mothballed the industry for more than a year,” said Governor Ron DeSantis. “The importance of this case extends beyond the cruise industry. From here on out a federal bureau will be on thin legal and constitutional ice if and when it attempts to exercise such sweeping authority that is not explicitly delineated by law.”
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U.S. Rep. Hank Johnson (D-GA-04) this week used race to disparage people who believe in originalism when interpreting the U.S. Constitution. Johnson, who serves on the House Judiciary Committee, made these remarks during a hearing about diversity on the federal bench.
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The U.S. Supreme Court ruled in favor of free speech rights for students outside of the classroom in a decision Wednesday.
The court sided with former Mahanoy Area High School student and cheerleader Brandi Levy in the case, formally known as Mahanoy Area School District v B.L., with a 8-1 decision in her favor. Mahanoy Area High School is located in Pennsylvania.
Levy, upset that she had not made her school’s varsity cheer team, posted on the social media site Snapchat a simple message with explicit language expressing her frustration.
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Arizona Attorney General Mark Brnovich filed an amicus curiae brief Monday in the U.S. Supreme Court with 22 states signing on, demanding the court overrule a decision by the Sixth Circuit allowing state officials to surrender in lawsuits challenging state laws they don’t want to defend. The move comes as Secretary of State Katie Hobbs, a Democrat, is refusing to appeal adverse decisions striking down Arizona’s elections laws.
The brief relates to Kentucky v. EMW Women’s Surgical Center, where Democratic Kentucky Governor Andy Beshear failed to appeal a court decision striking down a Kentucky law banning dismemberment abortions during the second trimester of pregnancy. Kentucky’s Republican Attorney General Daniel Cameron is trying to intervene in order to defend the law.
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The U.S. Supreme Court decided Thursday to uphold a 2017 provision part of the Affordable Care Act (ACA), also known as Obamacare, that was challenged by Florida’s Attorney General Ashley Moody, and 17 other states.
The provision nullified an “individual mandate” or “minimum essential coverage” established in a 2012 court decision that was intended to put a tax penalty on Americans who did not purchase health insurance or enroll in Medicaid.
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After its endorsements of Democrats in swing congressional seats last fall, the U.S. Chamber of Commerce is back at it again with a coordinated campaign to influence the U.S. Supreme Court on behalf of one of its biggest sugar daddy corporations, Johnson & Johnson.
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Tennessee Gov. Bill Lee is one of four governors nationwide who have endorsed a proposed amendment to the U.S. Constitution to limit the number of U.S. Supreme Court justices to the current count of nine. This, according to an emailed press release that members of the Coalition to Preserve an Independent U.S. Supreme Court emailed this week.
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U.S. Rep. Hank Johnson (D-GA-04) said members of the public should prepare for several Congressional hearings where he and other elected officials will make their case for increasing the number of U.S. Supreme Court justices. Johnson chairs the U.S. House of Representatives’ Courts and Intellectual Property Subcommittee. Staff at the Decatur-based website Decaturish.cominterviewed Johnson this week in a question-and-answer-style format. The congressman said expanding the number of seats on the U.S. Supreme Court “will…gather support as we make the case for reform in the justice system.”
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Chincoteague-Island-based Lighthouse Fellowship Church (LFC) has filed a second opening brief in a lawsuit against Governor Ralph Northam over 10-person capacity limits instituted in Spring 2020. Although Fourth Circuit Court of Appeals Judge Arenda Wright Allen ruled that the church couldn’t sue the governor and that the case was moot since Northam had ended the capacity restriction, Liberty Counsel argues on behalf of the church that Wright was mistaken.
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The U.S. Supreme Court ruled late Friday that California’s COVID-19 restrictions on in-home religious gatherings, limiting worship to families from a maximum of three households, could not continue.
In the 5-4 decision, the Supreme Court reversed a Ninth Circuit Court of Appeals ruling allowing California Gov. Gavin Newsom’s limits on people exercising their First Amendment rights to freely practice religion at home.
In its written order, the court noted that it was the fifth time it has “rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise.”
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A group of 15 secretaries of state this week issued their support for the “Keep Nine Amendment” recently introduced in Congress, marking the latest victory for the organization seeking to preserve the independence of the U.S. Supreme Court.
The Keep Nine Amendment said in a statement that the 15 sent the letter to Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Speaker of the House Nancy Pelosi, and House Minority Leader of the House Kevin McCarthy.
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Members of the Georgia House of Representatives have submitted a resolution that asks the U.S. Congress “to reject any and all actions to increase the number of justices on the United States Supreme Court.” Staff for U.S. Sen.-elect Jon Ossoff and U.S. Sen.-elect Raphael Warnock, both Democrats scheduled to soon represent Georgia in the U.S. Senate, did not return The Georgia Star News’ requests for comment on the matter.
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Tennessee Attorney General Herbert Slatery announced Wednesday that he will support an Amicus Brief supporting the Texas election lawsuit before the U.S. Supreme Court. As The Tennessee Star reported Tuesday, Texas officials filed a lawsuit directly to the U.S. Supreme Court challenging the election results in Wisconsin, Michigan, Pennsylvania, and Georgia. Texas Attorney General Ken Paxton argues that officials in those four states changed election rules without legislative consent, thus violating the U.S. Constitution.
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Arizona’s 2016 ballot harvesting ban will remain in effect for the 2020 General Election.
The U.S. Supreme Court announced Friday that they would hear Attorney General Mark Brnovich’s appeal against the Democratic National Committee over their challenge to a ban on anyone except a caregiver or immediate family member delivering an early ballot.
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U.S. Senate candidate Bill Hagerty on Thursday released a statement concerning the U.S. Supreme Court’s ruling as it pertains to President Donald Trump’s taxes.
Hagerty said this in a press release he posted to his campaign’s website.
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U.S. Senate candidate Bill Hagerty on Wednesday commented on the U.S. Supreme Court of the United States’ rulings for religious freedom.
Hagerty said this in a press release that he posted on his campaign’s website.
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Tennessee Senate candidate Manny Sethi released a statement about the U.S. Supreme Court’s DACA decision this week, and he also touched on his parents’ experiences as immigrants.
Sethi said this both in an emailed press release and on his campaign’s Facebook page.
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A prominent conservative organization has asked the U.S. Supreme Court to consider a case involving Tennessee’s participation in the federal refugee resettlement program.
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In what could have far reaching implications for all states seeking to withdraw from the federal refugee resettlement program, the Thomas More Law Center, collaborating with attorney John Bursch, filed a certiorari petition Monday, in the U.S. Supreme Court.
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The Buckeye Institute announced Thursday it is filing an appeal to the U.S. Supreme Court on a case it has been fighting on behalf of a professor who has called for an end to laws that force public-sector employees like him to accept compelled union representation.
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Several prominent businesses headquartered in Minnesota signed on to an amicus brief in support of upholding the Deferred Action for Childhood Arrivals (DACA) program.
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by Edward Ring When government fails, public-sector unions win. When society fragments, public-sector unions consolidate their power. When citizenship itself becomes less meaningful, and the benefits of American citizenship wither, government unions offer an exclusive solidarity. Government unions insulate their members from the challenges facing ordinary private citizens. On every major issue of our time; globalization, immigration, climate change, the integrity of our elections, crime and punishment, regulations, government spending, and fiscal reform, the interests and political bias of public-sector unions is inherently in conflict with the public interest. Today, there may be no greater core threat to the freedom and prosperity of the American people. In the age of talk radio, the Tea Party movement, internet connectivity, and Trump, Americans finally are mobilizing against the uniparty to take back their nation. Yet the threat of public-sector unions typically is a sideshow, when it ought to occupy center stage. They are the greatest menace to American civilization that nobody seems to be talking about. Ask the average American what the difference is between a government union, and a private sector union, and you’re likely to be met with an uncomprehending stare. That’s too bad, because the differences are profound.…
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A motion was filed Monday in the Chancery Court in Williamson County asking the court to set aside its earlier judgment dismissing the claims of five Williamson County residents who say Tennessee should not issue marriage licenses until a new statute is passed. The Motion for Relief from Judgment asks the court to set aside its earlier judgment on June 14, 2016, dismissing the claims of five Williamson County residents related to the administration of Tennessee’s marriage licensing statutes by the Williamson County clerk following the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges. Former State Sen. David Fowler said in a press release that he filed the motion as attorney for the Constitutional Government Defense Fund, the legal arm of the Family Action Council of Tennessee (FACT). At least three of the plaintiffs are ministers at Middle Tennessee churches who say that Obergefell means Tennessee should not issue marriage licenses until a new statute is passed, according to Courthouse News Service. George Grant, Larry Tomczak and Lyndon Allen filed a lawsuit on Jan. 21, 2016 against Elaine Anderson, clerk of Williamson County. The other plaintiffs are Lyndon Allen and Tim McCorkle. The U.S. Supreme Court’s Obergefell decision overturned…
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Members of the U.S. Supreme Court are hearing a case that originates out of Tennessee involving the alcohol sales industry, and the outcome could have implications nationwide, according to Forbes. Specifically, the court could rule on whether states can pass laws that protect in-state businesses in the alcohol industry from outside competitors. Oral arguments in Tennessee Wine & Spirits Retailers Association v. Blair were to begin last week, Forbes reported. “The court will consider a Tennessee law that limits liquor licenses to residents who’ve lived in the state for at least two years,” Forbes reported. “Renewing the license, which expires after just one year, requires residing in Tennessee for no less than 10 consecutive years. As a result, both those living outside Tennessee and those newly arrived in the Volunteer State are completely barred from obtaining a liquor license, which limits competition for long-established incumbent businesses.” The story profiled Doug and Mary Ketchum, who run a small liquor store in Memphis. They moved to Tennessee from Utah. Total Wine & More, a larges independent wine retailer, was interested in the Tennessee market at the same time the Ketchums were seeking their license, Forbes said. “With nearly 200 stores nationwide and…
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by Dr. Carol M. Swain On October 30, President Donald Trump announced plans to issue an executive order ending the practice of giving U.S. citizenship to children of illegal aliens. By taking this bold action, the President is poised to make history by forcing the U.S. Supreme Court to issue its first-ever clarification on whether the USA-born children of illegal aliens are entitled to birthright citizenship. Following the President’s lead, Senator Lindsey Graham expressed his support by stating his plans to file legislation addressing the matter. Birthright citizenship comes from the 14th Amendment’s citizenship clause, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Although some scholars argue it would take a constitutional amendment to end the practice, others point to statutory language and the text of the 14th Amendment to argue that Congress has the authority to address the matter. Congress’s authority, they argue, is found in the language that implies anyone not subject to the jurisdiction of the United States is excluded from automatic citizenship. The “subject to the jurisdiction thereof” clause is understood to mean…
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The U.S. Supreme Court on Monday rebuffed a challenge by three conservation groups to the authority of President Donald Trump’s administration to build a wall along the U.S.-Mexico border, a victory for Trump who has made the wall a centerpiece of his hard-line immigration policies. The justices’ declined to hear the groups’ appeal of a ruling by a federal judge in California rejecting their claims that the administration had pursued border wall projects without complying with applicable environmental laws. The groups are the Center for Biological Diversity, the Animal Legal Defense Fund and Defenders of Wildlife. Their lawsuits said construction operations would harm plants, rare wildlife habitats, threatened coastal birds like the snowy plover and California gnatcatcher, and other species such as fairy shrimp and the Quino checkerspot butterfly. Trump has clashed with U.S. lawmakers, particularly Democrats, over his plans for an extensive and costly border wall that he has called necessary to combat illegal immigration and drug smuggling. Congress, controlled by the president’s fellow Republicans, has not yet provided him the amount of money he wants. The president has threatened a government shutdown unless lawmakers provide $5 billion in funding. On Saturday, Trump said congressional leaders sought a two-week…
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In its Article II, Section 2, Clause 2, the United States Constitution provides that the President of the United States: …by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States whose Appointments are not otherwise provided for, and which shall be established by Law…” This means that, by a simple majority vote of the 100-member U.S. Senate, the President may nominate — and the Senate may confirm — various appointees within the Executive branch and within the Judicial branch of the federal government. In the aftermath of the November 6, 2018, general election — and the Republican Party enjoying a net gain of three seats in the U.S. Senate — President Donald Trump should experience less difficulty, during the upcoming 116th Congress (2019-2020), with how his nominees are received in the nation’s highest legislative body, than had been the case during the 115th Congress. But not every appointment requires action by the U.S. Senate — regardless of whether that body is officially in session or is in recess between sessions. The Constitution’s Article II, Section 2, Clause 3, reads…
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The United States Constitution does contain a few references relative to immigration and naturalization as well as to persons seeking to enter the United States in contravention of its laws — whether violently or non-violently and whether singly or in the form of a human tsunami. In its Article I, Section 8, Clause 4, the Constitution specifically grants Congress the power “To establish a uniform Rule of Naturalization….” By expressly allocating this capacity to Congress, the Constitution seeks to prevent the confusion which would inevitably result if an individual state could itself bestow U.S. citizenship upon a person not born within the boundaries of that — or any other — state. Construing Clause 4, the United States Supreme Court, in the 1892 case of Boyd v. Nebraska ex rel. Thayer, defined “naturalization” as “…the act of adopting a foreigner, and clothing him with the privileges of a native [U.S.] citizen.” In Clause 11 of that same Article I, Section 8, the Constitution authorizes Congress “To declare War…and make Rules concerning Captures on Land and Water….” Interpreting Clause 11, the High Court ruled in the 1795 case of Penhallow v. Doane that the war power of the United States government is…
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