Tag: Unconstitutional

New York City Law Allowing Non-Citizens to Vote Ruled Unconstitutional

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Vote Here Sign

A New York City law that would allow non-citizens to vote in local elections was deemed unconstitutional by a state appeals court on Wednesday.

The law would have allowed roughly 800,000 green card holders and individuals with federal work authorization living in the Big Apple to vote in the city’s elections, including in mayoral and City Council elections. Democratic and Republican elected officials have been in a drawn-out legal battle over the law, and the court’s ruling Wednesday hands Democrats a defeat.

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ACLU Declares Trump Gag Order to Be Unconstitutional

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On Wednesday, the far-left American Civil Liberties Union (ACLU) made a surprising statement condemning a federal judge’s attempted gag order on former President Donald Trump.

As Politico reports, the ACLU’s statement came as a shock to many who support the group, as it had been one of Trump’s primary enemies during his presidency, frequently suing his administration to block many of his policies. But in a new friend-of-the-court brief, the ACLU agreed with Trump’s assertion that a gag order by U.S. District Judge Tanya Chutkan is a violation of his First Amendment rights to freedom of speech, as well as a violation of the public’s right to hear him speak.

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Proposed Legislation Restores Tennessee’s Sovereignty Through Nullification

Laura Baigert

A bill making its way through the Tennessee General Assembly seeks to restore the state’s sovereignty by establishing a process for the nullification of unconstitutional federal actions.

HB0726 and companion SB1092 sponsored by Rep. Bud Hulsey (R-Kingsport) and Senator Janice Bowling (R-Tullahoma), respectively, is officially titled “Restoring State Sovereignty Through Nullification Act.”

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The Goldwater Institute Demands Arizona Cities cease Unconstitutional Labor Union Trapping Policies

Neil Jones

The Arizona-based Goldwater Institute (GI) announced Tuesday it had sent letters to the cities of Phoenix and Tempe, demanding the governmental bodies to change allegedly unconstitutional labor union practices that keep employees trapped paying dues.

“We think it is critically important for government employers to respect public employees’ constitutional rights. Under the U.S. and Arizona constitutions, no one can be forced to remain a member of—or make payments to—any private organization, particularly if it engages in speech or political activity the person disagrees with. Unions are no exception, and cities should not be making deals to trap public employees into being union members or paying union dues,” said GI Staff Attorney Parker Jackson in a statement emailed to The Arizona Sun Times.
“We think it is critically important for government employers to respect public employees’ constitutional rights. Under the U.S. and Arizona constitutions, no one can be forced to remain a member of—or make payments to—any private organization, particularly if it engages in speech or political activity the person disagrees with. Unions are no exception, and cities should not be making deals to trap public employees into being union members or paying union dues,” said GI Staff Attorney Parker Jackson in a statement emailed to The Arizona Sun Times.

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Arizona Freedom Caucus Vows to File Litigation Against Gov. Katie Hobbs for Alleged Illegal Executive Orders

Neil Jones

PHOENIX, Arizona – Monday marked the opening day for the 56th Legislative Session, but before getting down to business, the Arizona Freedom Caucus (AFC) and a group of Republican Legislators from the House and Senate met with the press to state they would be filing a lawsuit against Arizona Gov. Katie Hobbs (D).

“It’s become a modern phenomenon for Executive Branches across the country to try and legislate via executive order. We saw it with Barack Obama. We see it now with Joe Biden. And now, seemingly, Katie Hobbs, she also believes that she has the ability to legislate with the power of the pen, attempting to create law that simply does not exist,” said State Sen. Jake Hoffman (Queen Creek).

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Goldwater Institute Achieves Victory for Pima County Taxpayers in ‘Balloondoggle’ Case

Neil Jones

The Arizona-based Goldwater Institute (GI) announced Thursday that it had achieved victory in the state appellate court against Pima County on behalf of taxpayers for a scandal involving World View Enterprises (WVE).

“Arizona’s Constitution is crystal clear: Taxpayers shouldn’t have to shoulder the burden for corporate welfare. Yesterday’s ruling reinforces this edict, letting hardworking Arizonans off the hook for a ‘balloondoggle’ of epic proportions that sought to gamble with their own money,” said GI Vice President for Legal Affairs Timothy Sandefur in a statement emailed to the Arizona Sun Times.

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Arizona Attorney General Brnovich Sues Biden Administration over Student Loan Debt Cancellation Program

Rachel Alexander

Arizona Attorney General Mark Brnovich filed another lawsuit against the Biden administration on Thursday, this time challenging the president’s authority to cancel student loan debt. He argued that it goes contrary to several recent Supreme Court decisions striking down federal agencies’ assertion of power never granted to them by Congress. The Biden administration intends to cancel $10,000 to $20,000 of student loan debt for people who make less than $125,000 annually, or $250,000 annually for a married person filing jointly.

In his lawsuit, Brnovich said, “This loan cancellation … is a naked handout by one administration and one party to favored political classes (college graduates and those employed by the higher education industry) at the expense of taxpayers everywhere.”

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Paul Gosar and Other Arizona Reps. Blast the New Gun Restriction Bill That Passed the U.S. House

Neil Jones

Arizona Rep. Paul Gosar (R-AZ-04) released a statement opposing a new gun restriction House Rule (HR) that passed through the US House yesterday, calling it “unconstitutional.”

“It didn’t take long for Joe Biden and House democrats to use the tragedies in Buffalo and Texas to push for more gun control measures. They blatantly disparage our God-given and Constitutionally protected right to self-defense. As crime rises to record levels across our country, thanks to democrat socialists who run our major cities, self-defense is more important than ever. In Washington, D.C., the democrats suggest with a straight face that if it wasn’t for a gun, these murderers would be well-adjusted individuals. Millions and millions of people are law abiding gun owners, knife owners and car owners. If a knife, car or gun is used in a crime, it is the person using those tools that should be prosecuted for their actions. Punishing law abiding gun owners is non-sensical and I won’t stand for it,” Gosar said.

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Feds’ Pressure on Tech Platforms to Censor COVID ‘Misinformation’ Is Unconstitutional, Suit Says

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The government’s sustained pressure on social media platforms to censor and report purported COVID-19 misinformation amounts to “state action” that violates the First Amendment, according to a lawsuit filed Friday on behalf of three Twitter users.

The New Civil Liberties Alliance (NCLA), a frequent litigant against COVID-related administrative action, is representing theoretical cognitive scientist Mark Changizi, lawyer Michael Senger and stay-at-home father Daniel Kotzin.

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Pennsylvania Court Halts Mail-In Voting

Cooper Moran

A five-judge panel on Pennsylvania’s Commonwealth Court stopped a provision that allows mail-in voting throughout the state, ruling the measure unconstitutional.

Proponents of the lawsuit argued that any permanent change to the election code of the state must be performed through constitutional amendment. In order for a constitutional amendment to be enacted, the measure must pass the legislature during two consecutive sessions.

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Tennessee General Assembly Organizes for the Third Extraordinary Session Focused on COVID-Related Issues

Laura Baigert

The two chambers of the Tennessee General Assembly met Wednesday in floor session for less than an hour to organize for the Third Extraordinary Session of the 112th General Assembly, which will focus on COVID-related issues.

Special Session III was called on October 19 by Tennessee’s Lt. Governor and Speaker of the Senate Randy McNally and Speaker of the House of Representatives Cameron Sexton in response to the written request of two-thirds of the members of each house, even as legislators were engaged in the Second Extraordinary Session called by Governor Bill Lee taking up $884 million in taxpayer giveaways for Ford Motor Company’s $5.6 billion electric vehicle project to be located on the Memphis Regional Megasite known as “Blue Oval City.”

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Commentary: Vaccine Mandate on Businesses Is Immoral and Unconstitutional

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On Thursday, Joe Biden announced a sweeping plan to demand a huge swath of our nation step up and take the Covid-19 shot whether they like it or not – federal employees, workers in companies with more than 100 workers, federally-funded pre-school teachers.

It was the biggest step toward big government control over our personal lives and individual health that we have seen since the founding of our nation.

Healthcare decisions have been – and always will be – between an individual and their physician. At least that has been what Democrats have argued since the 1973 U.S. Supreme Court decision which legalized abortion.

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Court Rules That Law Banning Handgun Sales to Americans Under 21 Is Unconstitutional

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Guy shooting hand gun at gun range

On Tuesday, a federal appeals court overturned a decades-long law that prohibited the sale of handguns to Americans under the age of 21, on the basis that it violated the Second Amendment, according to USA Today.

The law was first signed into law by Lyndon Johnson in 1968, and although it banned handguns for those under 21, it still allowed Americans as young as 18 to purchase rifles and shotguns. In the U.S. Court of Appeals for the 4th Circuit in Virginia, it was determined that the restriction for one type of gun based on a three-year age difference was arbitrary and had no merit.

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Biden’s DOJ Comes Out Swinging Against West Virginia, Arkansas Trans Laws

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The Department of Justice argued in court filings Thursday that transgender legislation passed in West Virginia and Arkansas is unconstitutional.

The DOJ filed statements of interest supporting lawsuits filed by the American Civil Liberties Union (ACLU) against West Virginia’s House Bill 3293 and Arkansas’ “Save Adolescents From Experimentation Act,” otherwise known as the SAFE Act.

The West Virginia bill bans biological males at public schools from participating in women’s sports in middle school, high school, and college. The SAFE Act prohibits physicians from performing gender transition procedures, such as puberty blockers or “top” and “bottom” surgeries, on minors.

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Trump Antagonist Opposes Arizona Election Audit as Justice Department Official

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Polling station sign

A foe of former President Donald Trump is leading the Biden Justice Department’s push to discredit or halt an election audit in Arizona’s largest county—an issue that is heating up this week. 

Pamela S. Karlan, principal deputy assistant attorney general for the Justice Department’s Civil Rights Division, warned the leader of the Arizona state Senate that the audit of Maricopa County’s election results in November could run afoul of federal law regarding security of voter information and voter intimidation. 

President Joe Biden, who appointed Karlan, narrowly defeated Trump in Arizona, where Maricopa County was a crucial battleground. 

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Florida Anti-Riot Law Facing Court Challenge

Grant Holcomb

Governor Ron DeSantis signed HB 1, known as the “anti-riot bill” on Monday, and is now facing a constitutional challenge. The challenge was filed Wednesday and the civil rights attorneys behind the challenge are saying the new laws unconstitutionally “seek to arrest the peaceful expression of free speech.”

The bill is designed to enhance penalties for criminals committing acts of violence during riots.

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Student Sues School for Banning Biblical Shirt While Allowing LGBTQ Speech

Corinne Murdock

A Tennessee high school student has filed a lawsuit against Overton County School District (OCS) for banning her Biblical shirt while allowing other free speech. The shirt read: “HOMOSEXUALITY IS A SIN – 1 Corinthians 6:9-10.” 
OCS claimed that the student’s shirt violated Livingston Academy dress code policy. Although the policy doesn’t define “offensive messages” or “sexual connotations,” Principal Richard Melton determined that the student’s shirt fell under those criteria.

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‘Tennessee Stands’ Files Lawsuit Claiming Statute Deeming Governor’s Executive Orders Having Full Force and Effect of Law Unconstitutional

Laura Baigert

Citizens for Limited Government and Constitutional Integrity, Inc. doing business as Tennessee Stands filed a lawsuit in Davidson County Chancery Court Monday against Governor Bill Lee on the grounds that the state statute deeming the governor’s executive orders have the full force and effect of law is unconstitutional.

Tennessee Stands founder and president Gary Humble along with Rodney Lunn, the plaintiffs in the case, reference Tennessee Code Annotated (T.C.A.) 58-2-107 which dates back to 2000.

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Carol Swain: Governor Lee and Mayor Cooper’s Mask Mandates Appear to Target Conservatives

Julie Carr

Live from Music Row Thursday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. –  host Leahy welcomed Dr. Carol Swain to the studio.

At the end of the second hour, Swain questioned the science behind Governor Lee and Mayor Cooper’s mask mandates suggesting that it appears that conservatives are the target of citations.

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CNN Contributer Ezekiel Emanuel says Obamacare Ruling ‘Defies Constitutional Logic’

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by Nick Givas   CNN contributor Ezekiel Emanuel said on “New Day” Monday that a recent court ruling declaring Obamacare unconstitutional “defies constitutional logic.” “That is a ridiculous ruling and you don’t have to rely on a doctor like me,” Dr. Emanuel said. “Lots of conservative legal scholars think it’s a silly ruling. The main logic there is the mandate is so essential to the law that nothing in the law can stand without the mandate.” A federal judge in Texas ruled Obamacare’s individual mandate to be unconstitutional Friday and said it can no longer be viewed as a congressional tax. “The Individual Mandate can no longer be fairly read as an exercise of Congress’s Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional,” District Judge Reed O’Connor wrote in his decision. “And the reason you know it’s a silly ruling is we haven’t had a mandate with any enforceability since we passed the tax law because there’s no penalty anymore and much of the law is going forward. Laws like changing how doctors are being paid, improving the quality in hospitals, investing in better workforce for the health care system,”…

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Commentary: Far Left Judges Starting a New Civil War

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by George Rasley   The ongoing insurrection against the duly elected government of the United States isn’t being led by the violent Far Left thugs of Antifa, nor is it being led by the political thuggery of power-hungry Democrats on Capitol Hill and in their corrupt urban strongholds – it is being led by black-robed revolutionaries working from federal courthouses, especially in the California-centered Ninth Circuit. The latest raid on the constitutionalist forces was led by U.S. District Judge Jon S. Tigar who preemptively prohibited the president from declining to process the asylum claims of aliens who enter the United States illegally. The Mexican government says it is aiding more than 5,600 migrants from Honduras, El Salvador and Guatemala on the U.S. border — 2,610 in Tijuana and 2,995 in Mexicali. Judge Tigar, appointed by President Barack Obama, issued a 37-page ruling that appears to ignore the Supreme Court’s ruling that upheld President Trump’s Executive Order barring travelers from a list of majority-Muslim nations.  (You can read the ruling issuing a Temporary Restraining Order (TRO) through this link courtesy of The Washington Post.) According to The Washington Post, four Far-Left advocacy groups — the East Bay Sanctuary Covenant, Al Otro…

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Commentary: Double Standards Galore in the Attorney General Fracas

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by John C. Eastman   So let me get this straight. In his November 8 New York Times op-ed (“Trump’s Appointment of the Acting Attorney General Is Unconstitutional,” co-authored be George Conway), Neal Katyal writes that President Trump’s designation of Matthew Whitaker as acting attorney general is unconstitutional because the office of attorney general is a “principal office,” which can only be filled by someone who has been confirmed by the Senate. That would be the same Neal Katyal who served as acting solicitor general, also a Senate-confirmed position. And the same Neal Katyal whose boss, Attorney General Eric Holder, had served as acting attorney general at the end of the Clinton Administration and in the early days of the George W. Bush Administration. And the same Neal Katyal who served in an administration that closed out with another acting attorney general, Sally Yates, who acted like an embedded enemy within the Trump Administration until she was finally fired by the president for refusing to defend the president’s travel ban executive order—she claimed that there was no plausible defense for it, even though the policy was ultimately upheld by the Supreme Court. The double standard is so palpable as to…

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