35 Burst results for "Fifth Circuit"
The Dinesh D'Souza Podcast
"fifth circuit" Discussed on The Dinesh D'Souza Podcast
"Make sure to use promo code DI and es H dinesh. Social media platforms came together under a group called net choice. And collectively, they sued. Ken Paxton, the attorney general of the state of Texas. And at issue is a Texas law recently passed. That outlaws social media censorship, digital censorship in the state of Texas. Now, what I'd like to do is read from the sweeping ruling of the 5th circuit Court of Appeals. Because it gets into the arguments at a level of detail that you rarely see in the media. Normally you'll see things like, oh nurse these are these are private companies and they can do whatever they want. That is flat out nonsense on a whole bunch of counts. I mean, first of all, private companies can not do whatever they want. Good social media platforms, for example, decide we're going to prevent blacks from using YouTube. No, they can't do that. That would violate all kinds of civil rights laws. And so the simple proclamation that these are private companies and they have a carte blanche to make their own their own rules and enforce them, we're beginning to see through careful reasoning why this is nonsense on stilts. This is nonsense on a wide range of in a wide range of ways. Now, here is the court. The platforms offer a rather odd inversion of the First Amendment. This is in their own defense, the platforms. Here's the court. That amendment, the First Amendment, of course, protects every person's right to freedom of speech. But the platforms argue that buried somewhere in the persons enumerated right the free speech lies a corporation's unenumerated right to muzzle speech. I mean, what a brilliant and telling formulation. First of all, it picks up on something that the left has been telling us really now for years, corporations are not people. And the court goes, yeah, that's actually right. Corporations are not people, and therefore if you have individual rights in the constitution, those rights don't automatically or to the same extent extent to corporations.
The Dinesh D'Souza Podcast
Fifth Circuit Upholds Texas Social Media Law
"Social media platforms came together under a group called net choice. And collectively, they sued. Ken Paxton, the attorney general of the state of Texas. And at issue is a Texas law recently passed. That outlaws social media censorship, digital censorship in the state of Texas. Now, what I'd like to do is read from the sweeping ruling of the 5th circuit Court of Appeals. Because it gets into the arguments at a level of detail that you rarely see in the media. Normally you'll see things like, oh nurse these are these are private companies and they can do whatever they want. That is flat out nonsense on a whole bunch of counts. I mean, first of all, private companies can not do whatever they want. Good social media platforms, for example, decide we're going to prevent blacks from using YouTube. No, they can't do that. That would violate all kinds of civil rights laws. And so the simple proclamation that these are private companies and they have a carte blanche to make their own their own rules and enforce them, we're beginning to see through careful reasoning why this is nonsense on stilts. This is nonsense on a wide range of in a wide range of ways. Now, here is the court. The platforms offer a rather odd inversion of the First Amendment. This is in their own defense, the platforms. Here's the court. That amendment, the First Amendment, of course, protects every person's right to freedom of speech. But the platforms argue that buried somewhere in the persons enumerated right the free speech lies a corporation's unenumerated right to muzzle speech. I mean, what a brilliant and telling formulation.
AP News Radio
Texas ban on most abortions returns to court as law remains
"Abortion abortion clinics clinics in in Texas Texas were were back back in in federal federal court court weakened weakened by by a a Supreme Supreme Court Court decision decision but but still still trying trying to to get get this this state state strict strict ban ban overturned overturned the the clinics clinics presented presented arguments arguments in in the the fifth fifth circuit circuit court court of of appeals appeals trying trying to to send send a a limited limited challenge challenge back back to to a a federal federal judge judge in in Texas Texas we're we're to to the the state state Supreme Supreme Court Court because because the the US US Supreme Supreme Court Court justices justices allowed allowed the the band band to to remain remain on on the the books books it it reduces reduces the the avenues avenues for for appeal appeal clinics clinics are are asking asking for for a a speedy speedy decision decision to to prevent prevent women women in in Texas Texas from from having having to to travel travel to to other other states states to to terminate terminate a a pregnancy pregnancy the the nation's nation's highest highest court court last last month month signalled signalled it it would would be be willing willing to to roll roll back back abortion abortion rights rights and and possibly possibly overturn overturn roe roe versus versus Wade Wade in in a a ruling ruling due due later later this this year year in in a a Mississippi Mississippi case case I'm I'm Jackie Jackie Quinn Quinn
AP News Radio
Federal court declines to lift stay on vaccine mandate
"A federal appeals court is keeping in place it's halt to the by did ministrations vaccine mandate for businesses with one hundred or more workers the fifth circuit court of appeals in New Orleans rejected the government's arguments for lifting the emergency state the court imposed last week lawyers for the labor and justice department argued stopping the vaccine mandate from taking the fact that large companies will prolong the pandemic and caused dozens even hundreds of lives every day but judge Kurt Engelhardt wrote from economic uncertainty to workplace strife the mere specter of the mandate has contributed to untold economic upheaval and that this day is firmly in the public interest at least twenty seven states have filed legal challenges after
AP News Radio
Federal appeals court temporarily allows Texas abortion law to continue
"A federal appeals court in New Orleans allows Texas to temporarily resume its ban of most abortions in the state a decision by a federal district judge in Texas to suspend Texas abortion law has been blocked by the fifth circuit court of appeals in New Orleans allowing the state to temporarily re impose a law on abortion providers and women ills court is reviewing the law it is given the justice department until Tuesday to respond to its action the new law bans nearly all abortions including cases of rape and incest once cardiac activity is detected usually around six weeks the GOP led legislature left enforcement in the hands of private citizens who could sue abortion providers and collect at least ten thousand dollars should they win in court hi Tim
Opening Arguments
"fifth circuit" Discussed on Opening Arguments
"The debt ceiling. All right andrew. I was gonna say no time for the wild card but kava wildcard on me. Hey and this is another one where you know. The the celebration may be short-lived but we have covered texas. Spa at length obviously beginning episode five. Twenty two We covered the Not very good arguments. Made by laurence tribe that it was unconstitutional. We covered The us department of justice petition for injunctive relief blocking sp eight. I wanna tell you thomas yesterday that court. Us district court in texas issued a temporary injunction blocking sba from continuing to go into effect. Texas has already immediately appealed that court's decision as you might suspect and so as we record this it is going up to the fifth circuit. The fifth circuit may weigh in on that injunction. They may putting a stay of that. Courts injunctive relief from going into effect. Which would return us to the status quo. If that happens then what will happen. Is the us department of justice will appeal that to the supreme court and it will put squarely the issue before the supreme court. About which by the way samuel alito has been publicly giving speeches lying over the past month or so you you may or may not have seen this but you know we called out in that episode. Five twenty two that. The supreme court was using the shadow docket that their decision in this case does not cite to planned parenthood versus casey or to roe v wade and was just on extremely bizarre a technical procedural grounds to effectively invalidate a person's right to have an abortion in the entire state of texas if that's supreme court has to face a shadow docket questioned bright weather to affirm a hypothetical fifth circuit's decision to block this injunction from going into effect That will continue to you know. Make the argument that we the sheldon whitehouse and others have have been making about this sort of nakedly political supreme court. I walk you through all of that because look this is an area where i'm going to tell you the only interesting legal thing here but this is an area where the supreme court has long since pretended stopped pretending that it is interested in an originalist evaluation. They aren't right. What the supreme court is interested in doing is returning us to a pre roe v wade world in which states are free to ban abortions and that's truly terrifying for all the reasons we've talked about on the show with all of that as the like immediate term. What will what will happen over the next week. Right after you listen to the show the next couple of developments. I want to tell you this is a really good. Well reasoned opinion by the way. It's one that i also. I can enjoy the reasoning in the opinion. Because i happen to be right on it. It does not cite to the grendel den case at all as. I told you what i told you. There was not going to be like one weird trick on. You know what happens when you decide. To essentially outsource government functions to vigilantes. And and what i told you was that a court will always have the inherent equitable power to restrain the legislature and to say. Yeah we're gonna. We're going to step in here regardless of these procedural shenanigans. Well you can read that for yourself. Starting on page thirty nine of the opinion which will link in the show notes says no cause of action created by congress is necessary to sustain the united states is action here rather traditional principles of equity allow the united states to seek an injunction to protect its sovereign rights and the fundamental rights of its citizens under the circumstances. Present here this case strikes at the core function of the equitable cause of action as and this is an internal quote to a case from nineteen thirty. Whether acting through its judiciary or threats legislature a state may not deprive a person of all existing remedies for the enforcement of a right which the state has no power to destroy unless there is or was afforded to him some real opportunity to protect it end of quote so yeah. This is exactly what i expected. A sensible district applying the law to do and that is to say. Yeah if something is unconstitutional for the government to do it is unconstitutional for the government to delegate to somebody else do yeah and get. Don't need grenfell's dan. you don't need procedural shenanigans. You just need the inherent equitable power of the united states to go into koi. Don't need one. We're tricky one very basic thing. That's not a trick. Exactly right. so how long is this short term thing. I mean it's at as of now it is in effect. It has been immediately appealed to the fifth circuit. Which will hear Expedited briefing and you know will face the question of whether to enjoy whether to stay the effect of this district court's injunction if it does right if the which i think is highly likely right. We've talked about the fifth circuit is just sort of nakedly partisan on abortion issues. That's how we got all of these cases that were teed up in the first place if they do then that restores the status quo and again that status quo as of today Is that sba is allowed to go into effect again because of the inaction of the us supreme court. So once again. I just i just wanna make sure because it is super easy for us and wbz for me as a lawyer who loves getting into the minutia to to say like well. You know there wasn't a decision on the merits overturning roe v. now there wasn't but what there was was a supreme court that allowed a law. That plainly violates planned parenthood versus casey and roe v wade to go into effect without staying that Because they were somehow confused about the vigilante portion. Well yeah now. We're going to have that. Vigilante portion explicitly beat up i for the fifth circuit and then for the supreme court and we will be waiting to see what they do and i would point out. The chaos has already occurred if you are a pregnant person in texas. You can celebrate this ruling today but you have no idea if your clinic in texas. I don't know that you could reopen. While i was going to ask. I mean as much as short term. Thingy i was gonna say that. Maybe it's an it's i i suppose. Minor bit of good news that if you're pregnant person needing an abortion this minute or in the next however many days or weeks like maybe you'd be able to get one because of this temporary ruling. Maybe that that will depend upon the risk of version of the doctor in the clinic. Because remember we we read all of those terrible affirmative defense preempts that are contained in s eight and if there is subsequent tutition action that invalidates this particular. Stay right that works to eliminate the affirmative defense of this was permitted and protected by law so in other words and again i say this is somebody who is paid on a daily basis to advise businesses as to their legal risks right and their legal rights. And if you were a clinic based in in texas and you gave me a call and said hey can you guarantee. I'm not going to get sued more. Can you tell me that. There's a low likelihood that. I'll get sued as a result of this decision. Wouldn't be able to say that to you. You know. I would say as of right now. That law is not an effect and no one can bring a lawsuit but there was a tremendous amount of uncertainty around it. And that's just the reality of the situation right. Well obviously we'll keep an eye on all that but There you go. Texas s be eight enjoined very very short-term minor victory exactly is indra called it. Oh no social. This firm has ever failed the bar exam. No kidding and now it's time for t. three b. e. This is of course for anyone who i don't know a new listener each and every week i tried to answer a question as a non lawyer right around fifty five percent right usually something like that fifty four yeah whatever but Yeah here we go. Another edition of t. three b. thomas. A man lives in a remote area in the upper peninsula of state. A i like that. Is there any other state. Besides that has an upper peninsula anyway since he lives so far from town he prefers to make one large trip to the local convenience store each month to purchase all of his.
1A
"fifth circuit" Discussed on 1A
"There's no vehicle for bringing that to the federal courts and that's where we kind of left it with both The us supreme court and the fifth circuit court of appeals which is the intermediate appellate court and for the texas region. Ronald emailed us this question. How easily can we apply. Taxes approach to creating arguably unconstitutional laws. Suppose a blue state passes a law concerning gun ownership. Can this be fully enforced by the people. Not the government david will. It's a blueprint for how to get around the traditional mechanisms for enforcing constitutional rights in federal court. That just described and you could easily imagine this statute strikeout. The word abortion put in the word gun ownership or church attendance modify some of the procedural requirements. A little bit and you would have essentially the same thing challenging another constitutional right. I'll be at one of the very different political surrounding in our national dialogue about it. And that's what makes this so dangerous is it can be adapted by innovative legislatures. Not just in the abortion setting and has the potential for a great deal of mischief around the country earlier this year. Republican governor greg. Abbott promised to sign the nation's toughest abortion restrictions into law. I have signed eleven laws. That protect innocent lives but more must be done this session. We need a law ensures that the life of every child will be spared from the ravages of abortion. Mary remind us how did sp eight become the law in texas. Well the story of sba actually begins in a small town called wasco texas so some people may vaguely heard of sanctuary cities for life so this was obviously a play on sanctuary cities offer undocumented immigrants but essentially what happened. There's a divide in the antiabortion movement. Nationwide and texas between people who would consider themselves pro-life who are okay with more incremental restrictions on abortion and people who describe themselves as abolitionists who'll accept nothing less than immediate ban abortion whether that's constitutional or not so these small towns in texas began banning abortion. And of course they didn't want to get into legal trouble so they consulted with a state legislator bryan hughes and former texas solicitor general jonathan mitchell. Who came up with the idea that they wouldn't get into trouble if there was private enforcement that was to say if only private citizens could enforce the law and the government could not and these laws then spread across texas spread somewhat outside of texas and they became a blueprint for sp eight. Which you can view is sort of making texas the equivalent of a sanctuary state. I think was what Gregg avid and others were going for and it's worth noting of course that they didn't wanna run the kind of legal risk. That other states have bypassing criminal heartbeat bills. Which what we've seen in most parts of the country to have introduced such law. Those laws criminalize doctors performing abortions after a fetal cardiac activity can be detected. This.
The Erick Erickson Show
"fifth circuit" Discussed on The Erick Erickson Show
"Todd stanton's joining me at the bottom of the hour. You're thinking who the lawyer who fights osha we're going to talk about the vaccine mandate Whether or not he thinks it's constitutional and how you go about fighting it now. I want to commend texas. The great state of texas has found a way to get rid of its progressives of democrats. Got really excited in twenty twenty. They thought that texas was going to swing to the left and elect joe biden the in fact the biton team poured money into texas texas became for the democrats. Would california used to be for the republicans. Aa sinkhole for money. Where you wouldn't actually win. But you were convinced you could remember in two thousand george w bush and karl rove redirected resources to california out of florida thinking. They had shot in california. They didn't have. They poured money into florida. We might not have had the debacle. We had but that's all hindsight in texas in twenty eighteen. But o'rourke came close to beating. Ted cruz and democrats picked up a lot of seats. That they weren't expecting it was a democratic wave. They assumed in twenty twenty they would be able to do it again. And in fact in texas. There were ten targets for the democrats to take in the house representatives. They lost exactly zero. Or i'm sorry. They want exactly zero. They lost every one of 'em tin targets in texas and they lost all of them. They were convinced. They poured resources in arguably the democrats would have been done better nationwide except they were convinced beyond all reason that they were gonna win in texas much like they were also convinced. We're gonna win. South carolina against lindsey graham. They poured money in the debts Race in kentucky. They poured money in against mitch mcconnell. They really thought they were going to be mitch. Mcconnell with what's her name. Amy mcgrath or whoever at least. The democrat from south carolina went on to become the chairman of the democratic national committee. He wants something even. If you didn't win. South carolina democrats are convinced they could win texas. And they didn't and their hopes were crushed now texas has enacted a pro-life law that the supreme court and the fifth circuit court of appeals have been unwilling to put on hold only because the abortion clinics. Keep suing the wrong people but in the process it has largely shutdown abortion in texas. Children are being saved and now progressives are beginning to flee the state. this is a model those of you here georgia where i am the state. Everybody's worried the state is trending to the democrats. I you may want to do this. Law in watch all the progressives flea georgia do it quickly and so they're gone by the two thousand twenty two election salesforce made one of the biggest moves. This is from gizmodo. Made one of the biggest moves in the tech industry in light of highly restrictive taxes. Abortion law on friday in a message to employees on slack. The company said it would help them and their immediate families relocate if they were worried about access to reproductive healthcare and their state although the message which was obtained by cnbc appeared not to single out texas sales for ceo. Mark video off later went on twitter to explicitly say the company would help any employees move from the state nonetheless. Cnbc reported that salesforce did not take a stance on the law in it's like message emphasizing that it respected different views but also stood in solidarity with women. These are incredibly personal issues. That directly impact many of you especially women sales worst. With what what what. No no you big. It's not just women people because people have babies not winning the company did not take a stance on the law. We recognize and respect that we all have deeply held different perspectives as a company. We stand with all of our women at salesforce in everywhere. Salesforce has offices in dallas a cnbc analysis linked in profiles valid. About two thousand people work for the company. In dallas tech companies have come under scrutiny in recent weeks for their silence on the texas abortion law notice notice how the media itself is demanding that companies take positions for left wing policy. They never did this. When the companies they thought might take conservative positions. But now they're perfectly willing to try to push them in a progressive direction cooper and lift announced they would cover all legal fees for drivers sued for taking women to get abortions shar dooby the ceo of match group which owns tinder and hinge said she would personally create a fund that would help employees in texas obtain abortions elsewhere Yeah okay now. The washington post has a story as well as gizmodo. This is for the washington post on september third just two days after texas banned abortions vic bash grand chief executive of an austin based online survey software company quickly assembled the handful of female employees that are based in the city in the virtual townhall that lasted about fifteen minutes. He told the women that regardless of insurance the company would cover out of state abortion services. I'm not a politician. I can't change everything. But i'm still responsible for my employees in texas and i have a moral responsibility to them. Said the ceo of question pro for the last several years. Texas has been selling itself as tech haven attracting startups in tech companies. Such as oracle hewlett packard even on tesla's billionaire co founder and ceo move to the state big tech companies like facebook. Amazon and apple have all grown their presence in the state opening. Warehouses data centers production facilities. But texas is recent swerved to the right on abortion voting restrictions and a ban on cova vaccine mandates has many workers in industry leaders worried about retaining workers. Y'all this is a brilliant strategy in the future. See what's happening here in in. You gotta follow along with this. What texas did what george did. What a number of other states did florida was not in this group by the way when a lot of these one of these states did is they decided. Instead of building up businesses that were domestic businesses that were natural businesses that were based already in their states they would lore out of state companies into their state texas in particular focused on tech companies trying to bring tech companies to texas so in texas under greg abbott's leadership a lot of incentives were provided for major tech companies to come to the stadium. What are these people do. The theory was. They would hire texans to fill the jobs. That's not really what happened. What happened is they brought a lot of people from out of state into the state in so doing what happened. They began to change the state. Now the data actually shows that native texans are far more liberal than those who came into the state but in the tech companies spear the people imported by the tech companies. Were already liberal. The result is that they have changed the culture of texas in urban areas. Where these people live. Texas has now passed a.
KQED Radio
"fifth circuit" Discussed on KQED Radio
"If you're thinking about the fifth Circuit. Which allowed the law to go forward or the United States Supreme Court, which in a shadow docket, 5 to 4 and unsigned opinion allowed the Texas law to stand. The Biden administration reports today suggests preparing to sue Texas over its new law. But the all that I could get from the reports is that the Justice Department is going to pursue an argument that the Texas law illegally interferes with federal interests. Do you have any insight into what that means? What they could be referring to? Well, we have yet to see what exactly will be coming from the Justice Department and the Biden administration. We do know from a speech that was given by Merrick Garland just a couple days ago. That they will strongly enforced the fair act. Well, of course they should. But the Fair act does not necessarily pertain to this, although aspects of it do with a fair act does is, it seems to make sure that individuals who are seeking to terminate a pregnancy are able to get into clinics and to be able to do so. What some commentators have said, is that what the Justice Department has come out saying It's the equivalent of a house being on fire and sending the police rather than the fire department. It's very important that the Biden administration is standing up and that the Justice Department is asserting how it will protect the interests of individuals who want to terminate a pregnancy. And it's going to be very curious to see beyond the fair act, which is just simply protecting individuals as they try to get into a clinic to be able to terminate a pregnancy. What comes next from them? We're looking this hour at the impact.
The Erick Erickson Show
Texas Abortion Ban One of Dozens Intended to Challenge Roe v. Wade
"Let me explain about the texas law. It is the texas heartbeat act. The case is whole women's held their whole woman's health versus jackson. The abortion providers in texas sued texas judge in county court clerk and others in an attempt to cast is widen it possible to challenge the texas Heartbeat law that bans abortion when a fetal heartbeat is detected. The defendants filed a motion to dismiss the case. It was denied. They appealed to the fifth circuit court of appeals. The fifth circuit denied the abortion providers requests to hold a quick hearing on the law before it can take effect. The result is that they had to file an emergency application. Sam alito sam alito chose to do nothing. The result is that the texas law goes into effect. There will be court hearings. I'm sure a judge will a progressive judge will issue an injunction of some kind but right now in texas abortions mussi's when a child's heart develops in utero now a bunch of states. Have these bills. They've been blocked by court. Georgia where i am be bill. A federal judge blocked it. I'm reading now from the l. C. the ethics religious liberty commission explainer. The texas law takes a novel legal approach to limit abortions by taking enforcement of the measure exclusively through private selections essentially. The law allows any private citizen to bring a civil lawsuit against any individual who performs or induces an abortion or knowingly engages in conduct that aides were abets abortion including the payment foreign reimbursement of the costs for an abortion individuals who prevail in their lawsuit will be awarded statutory damages in the amount of not less than ten thousand
MSNBC Rachel Maddow (audio)
"fifth circuit" Discussed on MSNBC Rachel Maddow (audio)
"The supreme court has agreed to hear arguments about an abortion ban in mississippi that is designed overtly to be a test case for the republican point. Two judges on the supreme court to overturn roe versus white. There's been a lot of focus on that. The arguments on that are this fall. The ruling on that from the supreme court will likely be next summer that is already looming are the very real prospect. Thanks to republican appointed judges next summer. Abortion could be banned in every state where republicans hold power that has been looming on the horizon. But in the meantime here's the sneak attack. Here's what's happening tonight. Taxes is trying to push the ban abortion timeline even faster it was may of this year when texas republicans passed their six week ban. Meaning you can't get an abortion after you've been pregnant for six weeks or more but even though other states have passed six week bands as well and they've all been struck down. Texas did there's differently. They devised a weird convoluted system for enforcing it. Instead of saying that the state would just directly punish people who perform an abortion or women who get one the new law instead kind of takes the state out of it in a way it creates instead a weird vigilante system whereby anyone in the country any random antiabortion activist any random individual. Thanks to this. New tax will have standing to sue anyone in texas. Who aids or abets. A woman getting an abortion. They consume not only doctor. Who actually doesn't abortion. They can sue anybody who works in any capacity at the clinic where the abortion happened. They can sue anybody. Who drove you to the clinic for your appointment. They could sue a rape counselor. Who advised you on your options. If you could became pregnant as a consequence of rape they could sue a priest or any other religious adviser who talked with you about your decision. If you talk with your spouse about your decision to get an abortion your spouse could be sued for ten thousand dollars. Plus attorneys fees by any random person anywhere in the united states inviting antiabortion activists all over the country to figure out what women in texas might be thinking about getting an abortion to then hunter down find people in her life and starts suing them. And if you get sued by a rando in this kind of circumstance if you don't defend yourself in court against this lawsuit by default the person suing you will win the case against you and get ten thousand dollars from you. Plus legal fees for their attorneys. If a doctor or clinic. Employees is the entity that gets sued. The state will then get to use that as a pretext to immediately shut that clinic down. What tax has devised is a bizarre dystopia ian vigilante system for hunting women in texas who seek abortions a vigilante system to effectively ban abortion and shutdown all abortion providers in the state not to mention terrorizing women who are seeking the procedure. But they're using not the direct power this date but instead antiabortion activists as they're vigilantes and the state court system as their means of doing. It is weird. It is deliberately weird and as our friend dolly lift wake explains at slate dot com. Today it is a quote convoluted system that texas republicans devised on purpose specifically to prevent federal courts from blocking this law. And so far dalia writes. They've succeeded this past friday. A federal appeals court abruptly cancelled a hearing on the constitutionality of this new law in texas the cancellation of that hearing would effectively allow the law to take effect tonight at midnight. September first this aggressive intervention by the fifth circuit court of appeals quote forced abortion providers to do what almost seems unthinkable. They were forced to ask the us. Supreme court for an injunction in an emergency filing yes. The same supreme court agreed to hear a direct challenge to roe versus wade. Only a few months ago. Elliot's piece explaining this. That's dot com. Today is headlined. The supreme court has until midnight to decide the fate of roe versus wade. And she's right and it's not like the supreme court is expected to issue a ruling at midnight that says we hereby overturn roe versus wade. I'm sure they'd be shy about that. They're going to wait until the mississippi case not that instead they're gonna take in all likelihood the easier path if they want to they may yet grant that injunction but if they don't sort of game over all the supreme court has to do to effectively end the protections of roe versus wade to allow abortion bans to go into effect. All they need to do is do nothing tonight by midnight. Eastern one am central time. Otherwise texas bans abortion effectively. Starting tonight nevermind. Row joining us now. Nancy north up. She's president and ceo the center for reproductive rights organization led the emergency request asking the supreme court to block the texas law. Just in the last few minutes. They've filed a new reply in that petition. Tonight is north of. Thank you very much for being here. I appreciate your time. I know that this is This is a very intense time for you. It is incredibly intense time. We have been back and forth with the fifth circuit and then going to the supreme court yesterday against us. Father reply at eight o'clock eastern time tonight Again working to get an injunction from the supreme court to block this. As you said it's still being law. It will go into effect at midnight tonight. If the supreme court doesn't step in so thank you for covering this because it is a very intense news. Time on or musa's from afghanistan zoo hurricane louisiana. But this is also so critical because constitutional rights of people in taxes are on the line tonight. Nancy what do you expect the court to do. And let me just ask you. If i effectively explained that right. I know it's more complex than the way that i laid that out but effectively get that right. In terms of the the the whole that this will punch in the protections of roe versus wade even without the court having to overtly say that tonight they either act or row basically the protections of sort of shredded. I think you explained it incredibly well texas band emotion at six weeks which is before most people know that they're pregnant and they decided we're not gonna enforce it with the state's power because that's clearly unconstitutional. These kind of tactics have been dry before other states. They struck down every state easily by the federal courts. They said instead. We are really. We're going to empower people to be able to be as you said vigilantes who can go into court and sue. Doctors clinic staff at ensue. Sister drive someone to a clinic. Sue ann onto perhaps helps to fund the abortion all of that but again getting abortion is constitutionally protected activity. Texas's said we're going to empower citizens to go after others taken to court with a ten thousand dollar bounty.
Bloomberg Radio New York
"fifth circuit" Discussed on Bloomberg Radio New York
"Is Bloomberg Law with June Brosseau from Bloomberg Radio. I've been talking to Leon Fresco of Holland and Knight about Supreme Court Justice Samuel Alito, putting a hold on a Circuit court ruling that would force the Biden administration to reinstate the Trump administration's remain in Mexico policy. Since the president has authority over immigration policy. How can states or district Court Judge Child the president? What he can or can't do well, so this is what super complicated about not just this case, there's another cave have it right up the same highway where a district judge has basically decided to appoint himself director of Ice For all intents and purposes, where he re issued about 100 page opinion, saying here by It is going to have prosecutorial discretion against any individual that it has encountered. It needs the pelvic court and explain to the court why it won't actually move forward with that person removal proceedings, which is quite, um, in truth of order, something that goes against what had been the decisions of the Supreme Court in the past about the federal government, having the ability to determine who it does and doesn't placed into removal proceedings and who had died and doesn't remove at the end of Debate. There's a lot of Supreme Court case law on that issue, so I think that second case probably gets overturned by the Supreme Court. The wrinkle here when the Supreme Court looks at it is this is still a memo. And so there was a memo putting in the remain in Mexico program. And there was a memo rescinding the remain in Mexico program and so just like DACA was the same concept where people said Hey, can't back up. Be put in and taken out, and the court can't look at any of this. The courts decided they could look at the memo rescinding DACA and say that the memo did not have sufficient justification. And so this is essentially exactly what's happening here. If potentially the Supreme Court could get five both. I'd imagine we'll wait and see on whether this memo in the MPD had sufficient justification. The appellant court affirmed the district Court judges ruling There was a 34 page opinion, not affirming necessarily on the merit, but denying the bay and so when you deny the stay, you do take a look at the merit and the court thought that there was no factors that warranted to stay here because there was a likelihood that the government will succeed in the case because they went through all of those facts. There's a the district court went through, and it was a unanimous 30 decision. They went through all of those factors and agreed with the district court that the government doesn't have sufficient attention resources. It's a question about the stats, but they you know if you do look at the stabs because of covid, whether you attributed to covid or not, the numbers were left in 2020. And so it's kind of a hard thing, because then they say, well in 2020. Remain in Mexico was in effect, and there was no crossings. You took it out and the crossings went up. Well, there's a lot of things that changed because of Covid, but they used that against it. They found that the termination men of the MPP led the the third. They found that the increase people being entering into the United States and school age Children going into school and all of that stuff. And so all of these things went together to say that the purpose of the memo, which said that remain In Mexico didn't actually reduce unauthorized immigration turned out to have been not true. Well, that's basically what they're resting their laurels on both the District Court and the Court of Appeal. So now Justice Samuel Alito grants the government to stay until Tuesday. Is it Yes. So what The order of the Supreme Court says is at 11:59 P.m. Tuesday night or basically, maybe Wednesday morning. You can play the full court will consider the application. But the response is due from the Texas and Missouri side. Five p.m. on two they and for them the decision I guess will be made at 11 59. And so the question is, Will there be five vote? I think the most interesting part of this case to me. The foreign policy aspect of this case, which is this is not just about the U. S. And a memo and a policy about immigration enforcement remain in Mexico actually requires Mexico to cooperate. And so this is, I think the issue that the court on the lower end did not really take into account, which is that Mexico says it's not going to cooperate with remain in Mexico anymore, And so that's something. That be by the administration is fighting saying, Well, What are we supposed to do with this injunction in Mexico doesn't cooperate anymore to which the only answer really that the lower courts have as well. Trump found the way to make them cooperate. So you're just accepting that they won't cooperate without actually trying. You have a burden to at least try to get the cooperate. And so I think this is the most fascinating part of this case will the supreme Court forced the U. S government to try to force Mexico into accepting remain in Mexico again. I mean, that seems to me outside the bounds of what courts usually try to do with regard to intervening in foreign policy, but will be How in courts possibly monitor what the Biden administration is doing with Mexico. How would they possibly monitor how much pressure they're putting on Mexico? It seems almost ridiculous to try to force the Biden administration. To restart a program has been dormant for more than a year. Well, I think the only thing a court could do if the federal government came back and said Mexico refuses to do MPP again because here's the thing Mexico has burden to take back Mexican national, But they have no legal obligation to take back a mom Mexican national into Mexico, and so they refused to do it. The only thing a court could do, I suppose, is to just put in contempt. Government officials that they feel aren't trying hard enough. And I mean, if that, really It is a court prepared to do that to actually start finding and drawing US government officials in jail who they feel have unsuccessfully persuaded Mexico to take back non Mexican nationals into Mexico. That's all I would have to happen, and so it seems wow like that would be a very difficult bridge across here. So can we read anything from Justice Alito issuing this stave. I think when the solicitor general asked for a stay of a immigration program that has always taken very seriously by the Supreme Court, and you'll always get a chance for nine justices to weigh in before a policy goes into effect where the federal government is telling you that they wanted to be stayed. So I don't read too much into that yet, especially because I think a leader will probably side with the fifth Circuit. But the question is, Will there be five justices who will actually figure out a way to side with the federal government Here am I mean, I don't know. It will be very interesting to see what gets cobbled together in terms of a coalition..
Morning News with Hal Jay & Brian Estridge
Appeals Court OK's Resumption of Trump's "Remain in Mexico" Policy
"Appeals court won't delay the return of the Trump era Remain in Mexico policy. Federal appellate court has refused to delay implementation of a judge's order reinstating the Trump administration policy, forcing thousands to wait in Mexico while seeking asylum in the US. The fifth Circuit Court of Appeals issued that ruling late Thursday. The budget Administration something delay after a federal judge last week ordered the program be reinstated pending an appeal. President Biden suspended his predecessors remain in Mexico policy on his first day in office.
The World and Everything In It
"fifth circuit" Discussed on The World and Everything In It
"Victory for the conscience rights of doctors last week. A federal court in texas blocked a federal policy known as the transgender mandate that would force religious doctors and hospitals to perform sex change procedures on their patients including children. This latest ruling is the second court decision to block the administration from enforcing this very controversial policy. This ruling stems from a lawsuit that the christian medical and dental association's filed on behalf of several hospitals to protect their conscience rights and joining us. Now to talk more about that is dr jeff barrows. He's an obgyn and executive vice president for bioethics and public policy at the christian medical and dental association's dr barrels. Good morning to you. Good morning mary. Thank you for having me on. Glad to have you here. So would you please explain. In a in a bit more detail what the transgender mandate would require of physicians will in two thousand and sixteen health and human services change the definition of sex discrimination within their regulations and expanded it to include gender identification and also by the way pregnancy and we recognize that. What that meant was that if a health care professional refused to provide gender transition procedures to a patient they could be accused of being discriminatory and A suit filed against them charging them with discrimination and so we began right away Fighting legally in the federal district court of northern texas. And we're very thankful for this victory so this policy was introduced under the obama administration in two thousand sixteen. What happened after that well after the policy was introduced by the obama. Hhs we immediately filed suit in federal court and then after that the the trump administration came into into power and hhs took it completely different view of this particular provision within their regulations and so on october fifteenth two thousand nineteen the federal court issued a final judgment vacating that rule but then in june of twenty twenty eight under the trump administration. Finalize that rule rule fifteen fifty seven returning it essentially back to its long standing meaning then shortly after that was put out by the trump Hhs a federal district court out of new york issued an injunction against the new hhs rule. They filed suit and we ended up back in court fighting for our conscience rights so it was a long drawn out process that went to the fifth circuit and then back to the federal district court. Which just earlier. This month did released their final ruling and giving us permanent protection from hhs against practicing medicine against our conscience. What is the biden administration's justification for trying to force this on physicians. I really don't have a good answer for that. Because i wanna make it clear to all your listeners that all of our members serve all patients regardless of their race their gender their sexual orientation or gender identity. We oppose anybody that would discriminate against somebody simply on the basis of their gender identity. And i know that there are many specialized clinics around the country That these patients can go to. So i really don't understand why. Health and human services would try and force us as conscientious christian healthcare professionals to practice against our conscience. And wondering what you've heard from doctors about these efforts to coerce them into performing transgender procedures. Are members are very concerned about this. They're worried that they may be forced to prescribe puberty blockers. So any pediatrician any family physician. may be put into a position where they have a a a patient that brings in a daughter or a son that is suffering from gender dis fauria. And they're they're asked and forced to place a patient on on puberty blockers or even worse cross sex hormones so many of our members have been very concerned about this since i came out in two thousand sixteen and i'm sure all of them are now feeling very relieved that we have this permanent injunction granted to our members. But do you think the legal battle is really over. what what do you see coming down the pike. We know that the biden administration has sixty days to appeal this decision and if they appeal it will go back to the fifth circuit. And we've already had this case before the fifth circuit and we received a favourable ruling from them. So we're feeling very hopeful that if in fact the by the administration should choose to appeal that we would again be victorious at the circuit court level that is our hope and of course.
America First with Sebastian Gorka Podcast
Former CBP Commissioner Mark Morgan on Why DACA Is Unconstitutional
"Talk about daca. Yeah what has to be done with this because this that was that was literally on concentrated. This circuit is says it's illegal constitutional so we need to follow the fifth circuit court citizen constitutional and get rid of dhaka right. But here's here's marcy. Just actually penned an unconstitutional correct policy. That's correct was unconscious illegal. And we've been saying that finally circuit said so the last thing that's really really critical is what's called the episode the floor settlement agreement. That's his lower levels blame. The flora shows four settlement agreement. Says that if you're unaccompanied minor family the border patrol digest. We can't keep it for more than twenty days and we told them in the core proceedings. That's crazy. It takes a minimum of sixty to ninety days to get through immigration. Hearing for those that are in custody which says we'll be priority and the judge said. Don't care twenty days bo catch and release began. That's what began. Mpp got rid of that. So look you gotta do address. Tv pra address credible. Fear reinstitute get rid of an address the four settlement agreement so we can detain piano in one bill. One bill one bill. And the last thing i have to say because i have to say this for my brothers and sisters is detention. Detentions blaine look. We have to have a system of consequences. We can't allow people to come here legally and then there's no consequences. We have shown that if you detained somebody while you're going through immigration proceedings. One is guess what once they find out that they're claim valid yet to get them right because you have them right. But here's what you see the phenomenon. Will you start doing that. Guess what happens to the numbers. I would imagine they plummet exactly anytime you play consequences or you show them that. You're not going to be released into the country. The numbers down
MSNBC Morning Joe
"fifth circuit" Discussed on MSNBC Morning Joe
"And i needless to say and i hope many of you saw his townhall yesterday. We are unequivocal. That we recognize you for the americans that you are and that we recognize that you deserve all the rights that come with american citizenship and so we will be tireless in fighting for pathway to citizenship. Last week a federal judge in texas rule that daca is unlawful and blocked by the administration from approving new applications for the obama era program malaysia. Where does this go from here. It goes to congress main. That's where the focus is going to be. And that's part of what advocates wanted to make sure that they expressed to vice president harris the critical rule that she will play in making sure that immigration remains a part of the reconciliation process. You know you think about the human cost of this. Mika you have tens of thousands of people who are applying to the program for the first time. Many of them applied months ago. Their applications have been held up. Haven't been process yet because of a backlog at which means they can't get work authorization can't get driver's license most importantly they're not shielded by the specific protection against deportation. Then you have the six hundred thousand or so people who are already a part of the program who now see it as an existential threat to the program itself while you have biden saying that the department of justice is going to appeal this ruling. That means it's going to head. To the fifth circuit the fifth circuit in the past has upheld rulings against the program. Which means it could very well be paving the path for this to head to the supreme court. Now you'll remember a year ago. The supreme court decided that the trump administration had acted unconstitutionally in deciding to rescind the daca program but advocates. Look at this guy and it is a very different court on the court. They were dealing with a year ago. Not very promising. Which is why pressure has really amped up on congress to find a path forward through congress. The question it seems given what joe manchin said last week about his openness to immigration being part of the reconciliation package. This likely comes down to the senate parliamentarian. Making a decision where it goes from there. We'll see in the next thirty to thirty five days. All right at least menendez host of american voices on msnbc weekends. Thank you very much an eugene robinson. Thank you as well and coming up. Find even forfeits. The nfl announces harsh new penalties. It hopes will encourage players to get vaccinated plus florida governor rhonda. Scientists dressed the necessity of corona virus. Vaccines earlier this week. So why is his state fighting challenge to a new law that keeps cruise lines from requiring proof of vaccination more on the politics of the pandemic next on morning joe..
Throwing Shade
"fifth circuit" Discussed on Throwing Shade
"Oh i know but it's also it's just some fucking straight up. Star z. Like fucking like. Yeah wording fucking spy bullshit. That's yes yes if you go to court and you're wrong okay. You're wrong so someone got an abortion at like five weeks or something. You can't be used made it up or something. Yeah you also can't be sued because of something called litigation privilege. I don't understand what that is. I'm a pleasure principle eighty. I'm not a litigation privilege lady. Got it lady so distant. Another thing as i mentioned earlier. It makes the state not responsible for an unconstitutional law. So basically all this tax payer money that was going into defending itself against these draconian laws that they were putting on the books themselves. That's not a criticism or a problem anymore. Although i don't know how they're going to know how much they're going to end up shelling out in this vigilant the vigilante fees but essentially there's a case in two thousand and one that happened the fifth circuit clown of appeals. That's the court that handles the butthole the us. Texas mississippi noisy anna. Sorry the taint sure. Well i actually think but holes are beautiful now the taint is really. It was like gajah. Slice your purpose. Yeah you know. I just. You're you're just as a highway. Yeah so they said that the state isn't the state's not enforcing a law. Then you cannot sue them so then texas was like oh we're not enforcing the law. We're just allowing private citizens to go after other private citizens and rewarding them for doing that. That's the loophole was horrible. They've taken themselves off the re. They have made abortion more difficult and more dangerous to get as kgb craziness. I know if you are in texas in. You need an abortion. It is legal right now and you can reach out to the national network of abortion funds for assistance if you are a non abortion hostile state you condone or if you're in one You can donate to this org. They help with every step of assessing your federal right to make choices about your body. They know all the laws they know exactly how to cut through them. They are your resource to accessing. Your fucking right.
Radio Boston
"fifth circuit" Discussed on Radio Boston
"Our challenges to the entire program and so the the the program certainly is at risk. It will be. They'll be an appeal from texas district court To the fifth circuit which supervises texas and and those states and then likely to be in the supreme court. But it's a very. It's a very technical issue here. You know the Congress is usually the body legislature that usually passes laws There are some this an area for administrative agencies to act in Sort of in the interstices of what congress does and so. There's an argument here that this was these were administrative agencies that went beyond their. Ken went beyond what they were allowed to do. And that will then go up through the system unless course acts of congress act right and and you know puts doc in place in then everything will have been taken care of then. All these challenges will be over so just to review judge. Gertner three possible outcomes now. it's just plain struck down. Or somehow the biden administration goes back and does it again with the correct procedural steps or congress steps in and does it by law in which case the rest of this goes away. That's right that's right. You pass okay okay. Now what's what's interesting. I'm very proud of myself. I have to tell you. So what is interesting here. Though is the obama administration. Did this back in two thousand twelve through executive order because it seemed impossible to get legislation passed. I don't particularly hear much coverage of congress today that suggests that we have a congress. That's going to bring it's heads together to pass a dreamer act now. So what is the timeframe assuming that this is gonna go through the courts and either the biden administration will do something or it gets resolved in the courts. How long do we hang in limbo for it to get resolved through the courts. Do you think well the courts will take some time They could try to seek emergency relief. But since we're talking about a case from a a program from twenty twelve. It's hard to imagine that this is an emergency in the ordinary. Course i would say it would take a year to wind. Its way that's an estimate Through the through the fifth circuit and in the meanwhile do we think congress will act. That doesn't seem likely now. The parties could come to an agreement But that also seems unlikely. So i think that this program will be up in the air still for a while. So we're talking about tens upon tens of thousands of people judge gertner. Is there a moral dimension to this. I don't mean right or wrong on citizenship. Although that is a conversation. I think one. We've had here on air On radio boston before but the the constantly changing the potential standing of people's lives and is the government and are the courts built to deal with that or is this just the way it is while we go through this process well. This was obviously an area of enormous political contest And and continues to be. I think the judge in texas was trying to be respectful of those who have relied on the program all these years by not applying the injunction to them taking their needs into account So the quote moral dimension that you talk about. He tried to take that into account. I think it. It is probably unlikely that higher court will undo those protections for those individuals for the same reason..
Opening Arguments
"fifth circuit" Discussed on Opening Arguments
"That a directive that requires americans to purchase health. Insurance is not part of the commerce clause power Because congress can regulate commerce. But they can't require you to participate in commerce. That was a distinction that we hadn't seen anywhere in the law for the last two hundred years. And if you think about like stuff you expect to federal government to do medical care right where all of these insurance companies are not just interested but like multinational right drugs come from overseas like the idea that this is not an interstate. Commerce market is just bizarre but justice. Roberts said that obamacare was nevertheless valid As exercise of the state's taxing powers federal government's power to tax because of the individual mandate so fast forward to two thousand seventeen during reconciliation. The trump administration sets the individual mandate to zero. And that tees up greg abbott to make the following set of arguments. And he's got to win. Both these arguments in a case in texas says number one. The nf ib decision said that obamacare was justified as being a federal government power because it's a tax but not attacks anymore because you're not claiming any revenues right so you have to strike down the individual mandate. Oh and by the way you also have to strike down the rest of obamacare right and in particular the restrictions on Discriminating against those with pre existing conditions because the mandate is quote inseparable from the rest of the bill. And when we talked about this you are actually kind of surprised. The the the fundamental supreme court case on several ability is a case called alaska airlines And and the holding of cases that the unconstitutional provisions of alaba must be severed right. That is taken out And you let the rest of the lost and Quote unless the statute created in its absence is legislation that congress would not have enacted and yet so in other words right. The real test is would congress at do a thought experiment. We're gonna strike out the this provision and then say would congress have nevertheless passed the without the individual mandate. I don't know how you answer that right at it. Time travel right again. Stop hitler along the way but one real good way to answer that is well. Congress could have repealed the entire. Aca they put that up for a vote and that failed But repealing just the individual mandate passed so we can therefore infer that seems pretty. Yeah and in fact Spoiler win win the fifth win the fifth circuit said. Oh no it's definitely several like that was a two one decision and and the dissent said get come on like we we just it was. It was paid fifty three right. It says again the majority disagrees. It feels bound to ask whether congress would want the affordable character remain enforced now that the coverage requirement is unenforceable answering. That question should be easy. Since congress removed the coverage requirements only enforcement mechanism but left the rest of the aca it is difficult to imagine a plainer indication that congress considered the coverage requirement entirely dispensable and had several and yet the majority is unwilling to resolve the issue baba okay so this case was then taken up by the supreme court and i wanna say little bit of an injury was wrong. Mostly in andrew was right episode. Three forty three. I said i thought that the supreme court would would reverse and that we were not in trouble. Supreme was not going to strike down obamacare. Because how bad the reasoning was. But i said what that would do is send it back down to the district court to figure out right. If and which. Provisions of the affordable care act are several or not. The supreme court actually did something slightly different And definitely worse. And and that would. But but but i i will say more clever. And that was they said. Oh petitioners. don't you don't have standing to bring this case right think about that if the penalty from the individual mandate has been reduced to zero. Then you don't suffer any legally. Cognisant injuries sean. The thing that you're talking about you're asking for an advisory opinion get out So agreed right definitely clever. And by the way only seven to because alito and gorsuch remain in the nutball contingent. Right that there were like well. You know kabbah. That's essentially with their with their descent amounts to and thomas you might say. Well i don't get why clarence thomas didn't join in the come on. And and the answer is he wrote a concurrence that was like the first three pages of which are like man. I really like a lido and gorsuch. I really think they're right. I really think the aca is institutional a really voted the other way. The other two times but I i am persuaded by the standing argument. 'cause even i'm persuaded by that Is essentially what. What the thomas kit. Kurt says so in saying that there's no standing. Yes that does not invalidate the aca but it sets up the following trap. That i'm sure you see coming. Which is if this congress. Which i expect. It will During reconciliation ads the penalty back to the individual mandate that will make the suit live again right and it will come all we will have a fourth bite at the apple In which it will be you know. Wait they'll make the suit light. But but the. I thought the suit was is the several blah. Yada yada but if you've added back in then why then you aren't the would have to come up with some other theory for why that tax provision is unconstitutional. But you come up with something right right. You could say it's a. It's a direct. Kappa tation tax in violation of the eighteenth amendment ram. Just coming up with that at the top of my head it it. Raising the argument isn't going to be a problem. And then you won't have the the standing issue because you will actually have a harm. You will have the folks who are required to pay the penalties extracted by the individual mandate so It becomes a bit of poison pill look is it. Is it good that you know. We don't have five alito gore. Such as on the supreme court i guess right like so the outcome is It is a good outcome Which again you know that. I anticipated Because the i mean the fifth circuit was just their opinion. So bad It it struck me that well. The fifth circuit's opinion was so bad. Not even clarence. Thomas could sign onto allow. How dare you got one of those. Like how bad was right. So yeah so we did. We again kick the can down the road because it's a standing question but if you think republicans are done suing the challenge. The aca a. I think you're definitely wrong on that. Well that's a bummer. As you said yeah her but Look with dirty knew we needed to pass something new right or something different. I don't i don't know what can survive this ridiculous court. But yeah what is left. What can we do legislatively. That won't just get struck down by some thing that doesn't make sense about interstate commerce We can put jurisdiction stripping provision into the bill. We can say at the end like section seventeen. This is not reviewable in the federal courts of the united states of america period. Wow yeah okay. It would be a pretty extreme measure But that is a constitutional power that congress has a you know you talk about playing hardball. It's about time to use it. So we need a win like four seats in the senate and keep the house basically yeah to have any chance of doing before five so that way. We have enough of a margin of democrats who actually are full on democrats. Which mentioned isn't yeah..
Alison Rosen Is Your New Best Friend
"fifth circuit" Discussed on Alison Rosen Is Your New Best Friend
"Yes please or oh palese l-lee's where we weigh in on something highly controversial. You might get canceled. I don't want diplomacy at pussyfooting around. I want though that he brad. Just cancel yourself right. There are even allowed to say putting go way really a kid from historically when men were allowed to stick their feet in any woman's vagina. That's right permission. Yeah and and for some reason that people thought that that was like not taking a stand when they were doing it. Oh tell you if you didn't want to answer yes take your foot and stick it up. Someone's right exactly pussyfooting and everyone would accept that as your response who it was like when people would fire. Yeah the air. It was the verbal equivalent. Exactly when he answered the question is how the madame burberry and put up watch google. This actually will be censored right historical thing but doesn't mean pushing. Yeah i think it's like yes exactly either mice literal thing right okay. I think so but it's also was one answer question. It's how daniel and i met. Yeah oh do. I remember because someone asks daniel like a controversial question and he was about capitalism about capitalism. You were laying on the floor. But by the end i was. Yeah i was watching by no him. Someone had asked him. You know do you know. Do you think there's any room for you know marxism in our economy. And he didn't know because his boss was there whether out of left allison was walking by makes smoothie hand. Daniel sidewalk cafe leapt over the fence. From what i remember when he told me. Just what foot right up in virginia and then she fellow verse. Oh my god. You're the boss in this scenario guy got me. What was he doing well. He had to accept it as dual. When you find out i mean. He has a on running doj. I'd oh yes. And then pleading the fifth circuit so and then look at them today..
600 WREC
"fifth circuit" Discussed on 600 WREC
"To 10 years in prison. In 2019 Today's arguments happening before a three judge panel of the fifth Circuit Court of Appeals. America is listening to Fox News. It's 303 Use radio 1055 w We, er see Tuscaloosa Mere Walt Matics remembering the tornado 10 years ago. Today, he tells J T on Alabama's Morning news What happened right after the tornado rolled through downtown Tuscaloosa clean the first two or three hours. It was our first responders. The fire fighters place officers, public works and then the citizens of this community who just refused to give in. They were clearing debris. They were searching the house for the missing They were transfer. Warning people to the hospital and certainly at this is incredibly sad, but it's also incredibly inspiring because this is what God wants us to do that to put away all those things that divide us. And for that time we were just, you know. Humanity, he says. In the days that followed, the city had to make a lot of decisions were 24 different project teams dealing with everything from locating Mork space to missing persons. Where do you put the live dogs where he put the dead animals? How do you get 1000 Street signs back up. Tuscaloosa Holding three vigils today, Maddox asking all schools and churches to ring their bells for a minute at 5 13 PM to remember those lost. I'm Leah Brandon. Auburn University warning students about a suspicious man who's offering rides to women. There have been four incidents one woman accepted arrived supposedly across campus. Man actually took her to a different location and tried to kiss her. She was able to get away. Officials say the van could be mistaken.
Native America Calling
Fifth Circuit Court Keeps and Strikes Portions of Indian Child Welfare Act
"The fifth circuit court of appeals released an extensive opinion on the indian child. Welfare act after deliberating. For more than a year victoria wicks has more the indian child. Welfare act known. As igwe has undergone a thorough and multifaceted scrutiny in the fifth circuit court of appeals the resulting three hundred and twenty five page opinion upholds aspects of the federal law championed in nineteen. Seventy eight by south dakota senator james aber ask. The law's intent is to stop the erosion of tribal autonomy and culture when native children are placed with non native families. But the appeals court finds that native preferences for foster care and adoption violate constitutional protections for equality and that the law infringes on states rights and responsibilities in matters of adoption this appeal came about after a texas federal court found equal to be unconstitutional. A three judge panel at the fifth circuit reviewed that decision and ruled two. to one. To overturn the lower court appellants then asked for an unbounded review which in this case involves sixteen judges after deliberating. For more than a year the fifth circuit has now released its complex opinion in it. Some judges agreed unanimously on certain points. But not on others in some issues. Judges tied eight to eight and without a majority decision at the appellate level. The lower court ruling stands. This opinion is binding only on lower courts within the fifth circuit which comprises texas louisiana and mississippi. If the us supreme court takes up the inevitable appeal that resulting opinion will apply nationwide for national native news. I'm victoria works in rapid city. South
WBAP Morning News
Dallas County DA’s Office to Present Oral Arguments in Amber Guyger’s Appeal Case
"County D. A s office is served notice to the fifth Circuit Court of Appeals that it intends to file aural arguments on April 27th on behalf of the state relating to the Amber Geiger case. In 2019 Geiger of former Dallas police officer was sentenced to 10 years in the shooting death of her neighborhood, both of John. She testified that she had mistakenly entered his apartment and shot him. Fearing that he was an intruder inside her room last August. Geiger's lawyers appealed the murder conviction. They're seeking a lesser charge of criminally negligent homicide. Kim Lamb kins, WB AP News The
Bloomberg Radio New York
"fifth circuit" Discussed on Bloomberg Radio New York
"To premium beauty products were told the company's board will vote on the deal soon. Google is threatening to disable its search engine in Australia if it's forced to pay local publishers for news proposed. Lauren tends to compensate news outlets for the value their stories generate for the company. Google's been lobbying against Australia's plans for months, but this threat to remove its search engine is the strongest reaction that was seen from the company yet. Looking at markets and we're seeing a fairly risk off tone today. Japan, China, Taiwan, Australia in the red, along with Hong Kong, South Korea's Kospi, It is the lone standout trading about half percent of the outside. Currencies were mostly seeing declines against the dollar. Bitcoin, meanwhile, trading just for actually above that 30,000 level. It'd early afore below that and is on track to end the week about 20% to the downside. Global news 24 hours a day on it and on Bloomberg Quick, take bad by more than 2700, journalists and analysts in more than 120 countries in Hong Kong. I'm Anna build rollers. This is Bloomberg. This is Bloomberg Law, Some complicated international law issues here. What kind of docket is Chief Justice Roberts facing interviews with prominent attorneys and Bloomberg legal experts joining me? His Bloomberg News Supreme Court reporter Greg Store, Neal, Devins, professor William and Mary Law, School and analysis of important legal issues, cases and headlines. Is this essentially the fifth circuit haunting an unusually large number of immigration cases Bloomberg Law with Joon Grasso from Bloomberg Radio. Welcome to the Lindbergh Law show. I'm Jim Brosseau ahead. In this hour, President Joe Biden kick starts his climate change agenda, and the Supreme Court appears ready to let the FCC relax Media ownership rules. Ah fight dating back two decades finally.
AM 970 The Answer Programming
U.S. appeals court throws suit against Pence
"A federal appeals court has dismissed a lawsuit by representative Louie Gohmert of Texas and other Republicans. Sought to expand vice President Pence's legal authority to effectively overturn President elect Joe Biden's win. A three judge panel of the U. S Court of Appeals for the fifth Circuit affirmed the lower court judge's decision from Friday that the GOP planters lack the legal right to sue. The ruling was the latest setback for President Trump in his allies who've increasingly look two pence to challenge normal election protocols. He presides over the joint session of Congress on Wednesday. The three judge panel that issued the ruling Saturday comprise a Republican appointees, including two judges tap by former President Ronald Reagan and the Trump appointee Bernie Bennett
Newsradio 970 WFLA
"fifth circuit" Discussed on Newsradio 970 WFLA
"Some Republican senators plan and electoral challenge. I am sound she ingress Oh Fox News. A coalition of Republican senators, led by Ted Cruz of Texas, will challenge the outcome of the presidential election by voting to reject electors from some states when Congress meets next week to certify in the electoral college results, naming Joe Biden the winner. They will vote against certain state electors unless Congress appoints an electoral commission to immediately conduct an audit of the election results, But they acknowledge they're unlikely to change the results of the election. On Wednesday, Vice President Mike Pence will preside over a joint congressional session that the Constitution mandates where Congress officially tallies the results of the Electoral College. The individual states have certified and sent to Washington. That's Fox's Richardson. Meantime, a federal appeals court on Saturday rejected a Republican congressman's bid to allow vice President Pence Overturn President elect Joe Biden's election victory in favor of President Trump In a brief warder, the three judge panel of the Fifth Circuit Court of Appeals upheld a federal judge's decision on Friday to toss US representative Louie Gobert's lawsuit, which had argued that Pence had the power to invalidate Biden's win. When Congress meets Wednesday to certify the results. President elect Biden plans a trip to Georgia ahead of Tuesday's Senate runoff elections. President elect Joe Biden is facing his first big test of the new year, right in Georgia and how things shake out in the Senate runoff there could shape his entire presidency. So Vice President elect Kamila Harris is headed to campaign in Savannah, Georgia. For Democratic Senate candidates Raphael Warnock and Jon Ossoff's and president elect Biden will be there Monday, but the stakes are very high. For him there. That's Fox's Hilary von. These Georgia Senate races air getting national attention because the results will determine whether Republicans or Democrats control the U. S. Senate. America is listening to Fox News from the Central Party, Given how much traffic.
600 WREC
"fifth circuit" Discussed on 600 WREC
"Lecter's unless Congress appoints an electoral commission to immediately conduct an audit of the election results, But they acknowledge they're unlikely to change the results of the election. On Wednesday, Vice President Mike Pence will preside over a joint congressional session that the Constitution mandates where Congress officially tallies the results of the electoral College that the individual states have certified and sent to Washington. That's Fox's Richardson. Meantime, a federal appeals court on Saturday rejected a Republican congressman's bid to allow vice President Pence to overturn President elect Joe Biden's election victory in favor of President Trump. In a brief border. The three judge panel of the Fifth Circuit Court of Appeals upheld a federal judge's decision on Friday to toss US representative Louie Gohmert lawsuit, which had argued that Pence had the power to invalidate Biden's win. When Congress meets Wednesday to certify the results. President elect Biden plans a trip to Georgia ahead of Tuesday's Senate runoff elections. President elect Joe Biden is facing his first big test of the new year, right in Georgia and how things shake out in the Senate runoff there could shape his entire presidency. So Vice President elect Kamila Harris is headed to campaign in Savannah, Georgia. For Democratic Senate candidates Raphael Warnock and Jon Ossoff's and president elect Biden will be there Monday, but the stakes are very high. For him there. That's Fox's Hillary form. These Georgia Senate races air getting national attention because the results will determine whether Republicans or Democrats control the U. S. Senate. America is listening to Fox News..
The Dallas Morning News
Federal appeals court agrees that Dallas County’s bail system denied poor defendants equal rights
"A federal appeals court has upheld a judge's ruling that dallas county's bail system is unconstitutional. Because of how it treats criminal defendants who do not have the money to secure their release from jail. The fifth circuit court of appeals in an opinion filed on monday agreed with most of us district. Judge david god b.'s. Ruling in two thousand eighteen lawsuit brought by civil rights core the aclu and other civil rights groups against the county. The plaintiffs claimed counties. Bail system was unfair to poor defendants. Who languish in jail while others bail out quickly. The appeals court ruling. Also means the case will proceed to trial in federal court in dallas unless a settlement is reached
Noon Report with Rick Van Cise
Mississippi asks Supreme Court to review 15-week abortion ban
"In Mississippi on Friday. Mississippi's attorney general wants the high court to take a look at a decision by the fifth Circuit Court of Appeals. That ruled the state law banning almost all abortions. After 15 weeks of pregnancy interferes
Red Eye Radio
Houston - Texas can reject mail-in ballots over mismatched signatures without giving voters a chance to appeal, court rules
"To reject mail in ballots over signature issues. Without letting voters know until after the election, the fifth Circuit Court of Appeals ruled today would compromise mail in ballots of local governments had to inform voters before the elections. End, say local committee reviews ballot An application, saying insured before ballots are counted. Voters are then informed 10 days after the election and lower federal court judge ruled last month. The current rules are violating the constitutional rights. More than two dozen people are
WGN Programming
Houston - 5th Circuit Reinstates Texas Governor’s Order Limiting Mail-In Ballot Drop-Off Locations To 1 Per County
"Court has reinstated a limit on the number of mail in ballot drop off locations in Texas. The fifth Circuit Court of Appeals issued a stay of Friday's ruling by a federal judge that found Republican Texas governor Greg Abbott's orders a likely violation of voters writes it limits mail in ballot drop off locations Toe one per county. It will now remain in place. Early voting started Tuesday in Texas 17
The Armor Men's Health Hour
Texas counties still limited to one ballot drop-off spot for now, court says
"The battle of boxes were in the news this weekend, right here in the state of Texas as thie ongoing court battle continues this weekend over how many of these valid boxes per county Should be available. For mail in ballots. Historically, we've had one Ballot box per county. For those mail in ballots. And now it appears this case is going to continue. On and on because As it stands now. A federal judge has barred enforcement of governor Abbot's directive. That would limit counties to just one mail in ballot drop off location. So that happened at the beginning of the weekend. Then yesterday. Ruling was blocked by an appeals court. Late yesterday afternoon. That appeals court granted a temporary stay. That Let's stand Governor Abbot's one box per county directive. The court gave the attorneys of posing governor Abbot's order. Until tomorrow to respond. So all this And then a three judge. Appeals panel is going to decide whether additional ballot boxes Can be used. Or not. So as it stands right now Travis County will continue accepting completed mail in ballots at one location. That's a 55 01 Airport Boulevard. That's Monday through Friday. The weekend hours are set to begin next Saturday. Travis County clerk a Dana Day, Beauvois said yesterday morning. Quote. We're not optimistic. That the fifth Circuit will do the right thing, But if they give me any room at all, I will reopen the downtown sites. As fast as possible. So as it stands right now limitation on the number of ballot drop off locations in Texas. Will stay in place. I'm just throwing this in. Because it's somewhat related. To the previous stories I was talking about, but there's certainly not implying There's any chick a nunnery going on here. There's a tradition in the state of Texas that it was one Mail in ballot drop off location per county. That's the way it's been. That's what Governor Abbott says it needs to be going forward. And now this is going back and forth. In the courts. Where will it end up? Will it end up in the Supreme Court? Before Election Day Election day just over three weeks away, right
The World and Everything In It
The Cat and Mouse Game at the Mexico-U.S. Border
"Paso del Norte Bridge Pass of the North here people crossed from Horace to Al Paso or Paso to warez every day they crossed by car and foot to go to work to school to shop to visit family chaos and clutter hustle and bustle and adjacent train trestle called Black Bridge crosses nearby the scene of the tragic shooting. So many years ago. US border, patrol agent shot, and killed a fifteen year old Mexican boy after that. So what happened at the Rio Grande? Well, the facts are disputed. So we'll tell both sides of the story was talking about the circumstances that brought about the shooting the boy's parents say Sergio was playing a game with friends run across the border to the US side touch defense run back without getting. Caught kind of like a game of chicken. Yeah. I mean what kid hasn't played some version of that Game Kisha branch works for Barra Borderland Connections a nonprofit helping asylum seekers. She spends her days at shelters in El, Paso and shelters in Horace. She works closely with migrants and Border Patrol agents all that to say she's familiar with the area and the dichotomy of working with both sides. There are some kids that that play at the border, the border in New Mexico in an opera. There's a community right beside the border wall. There's a a lot of land and there's a trash pile, and so sometimes, the like moms will go out in like pick things out of the trash Powell for their homes like for household items. There are people that go into that space like where we go to visit the wall there some kids that come up to the wall and they talk to us and we'll just have conversations with them. So. Yeah. Are Kids that play in that area, but they play in the area because it's their backyard. But that's in an opera. What about downtown in the Rio Grande Canal by the bridge where the shooting happened according to my cabdriver it's not generally an area where kids play. Do kids play around the fence around the border. No. They don't let them get near. So that leads us to the other side of the story. Border Patrol says, Sergio was a coyote helping undocumented people illegally cross into the United States. coyotes often use coordinated distraction techniques. Draw the agents attention away from his surroundings victim. An Harrah's was the chief Border Patrol agent out of Paso when the shooting occurred he's now retired we used to call those still do they would call it a sacrificial room. Send someone a across or group appeal across to get the agent to react get the agent to start chasing a group and and what they do is soon as the agent leaves that that high. Position they say whatever they want to send. WHAT THE REAL INTENT It's almost like a diversion. So that happens all the time dangerous game, the game of cat-and-mouse. The boys ran back and forth across the border agent Mesa detained. One of Sergio's friends Sergio ran back to the Mexican side. He hid behind a pillar under the train trestle. That's when agent Mesa shot him in the face. Mesa says Sergio and his friends were throwing rocks, both men, Harrah's and George Gomez. The agent I talked with at the beginning of this episode, Say agents are trained for physical assaults cures, Gomez. Goh, there's different scenario that we run the training. Obviously, I think covered drive away from the air run seek cover and backup call for backup deescalate. Behavior. Here's the thing I don't want to downplay rock-throwing. David. With Iraq agent Mesa may very well have been endangered. Peres. Getting right and he's got a he's hunched over the guy that he was arresting. And you got your back towards man. You're you're you're really at risk even under the high pressure of split-second decision making the use of lethal force here has been criticized bystanders video captured the fatal shooting. In the video Sergio unarmed again, Kisha Branch who works at the border. The story that came out in the news is different from a story that we hear from the agents themselves. So I don't. I don't I have I have no answers Sergio's parents of course, do want answers and a legal remedy. Meaning an award of damages, the family believes the US. Constitution. Guarantees Sergio certain rights now the constitution of the United States setup the framework for the American government and the various rights people have with respect to the government right and the constitution applies to more than US citizens the preamble the very beginning of constitution says we the people of the United States so it doesn't specify Melvin Odi is a constitutional law professor at Faulkner University. which generally talking about in the way, the courts interpret these things into generally talking about the people who comprise the United States. We the people of the United States People Citizens Resident Aliens International Travelers in this country on holiday or for business when you're in the United States, those protections apply to you. But when you go back to wherever your home country is, those objections do not apply United States meaning of course, that's going to be. The Continental United States, but also include The US territories the special maritime jurisdiction of the United States which would be like on the seas. As far as the borders. The constitution applies within our borders and again sort of the territories that we control. Chris Galindo is one of the lawyers who represented the Hernandez family. Here's a clip from a video called Justice for Sergio Audio and Spanish here from a univision news investigation. Dominicano. Wasim Anthem Nisa. He says, can we sue the American government to be sure Hernandez was in Mexico and is Mexican the American government said we can't sue them because this is Mexico. Not The United States we're saying not bullet originated in the United States and they have to pay for the injustice. They did Moses Shindo is guy. I WITH MY NEIGHBORS GET TICKET WINDOW GOES ON WE are saying there are certain laws and certain ways. The Border Patrol agents need to treat human beings Mexican or American according to United States Laws Federal K. K. K. K.. You the Sergio's mom pleads God for help for justice this is going to haunt me until I leave this world. This acronym you can. Okay. Vido. Sergio's parents sued agent Mesa in Federal Court for excessive use of force. They claim Mesa violated Sergio's rights under the fourth and fifth amendments. Now here's a reminder of what those are faulkner professor Melvin Odi. Okay so The Fourth Amendment Fifth Amendment each sort of presents a bundle of rights but the fourth amendment in particular. Presents a list of restrictions on government agents were investigating crimes. Okay. So the prominent one is protection against. Searches and seizures. The court has interpreted seizure to include killing the taking of human. Life. Would have been saying. This was an unreasonable search and seizure the fifth amendment includes several closets. Relevant one, but there's a catch all. Near the end of the Fifth Amendment that says a person can't read deprived of life liberty or property without due process of law. So. In this case, the young man's life was taken. And the Fifth Amendment says, you can't do that without due process of without fundamentally fair legal proceedings. The first time this case worked its way through the court system the fifth US Circuit Court. Of Appeals dismissed the case it held Sergio's parents were not entitled to fourth and Fifth Amendment protections under various legal doctrines, but the Supreme Court said the fifth circuit and properly applied those legal doctrines. So it vacated the decision rendered null and void that was Hernandez one in. Two thousand, seventeen, the Supreme Court then remanded the case with specific instructions. It's at another question needed to be addressed. I is a givens remedy available. The Fifth Circuit said, no in this Supreme Court, appeal followed Hernandez
Hysteria
"Girded Loins" - How Will The Supreme Court Rule?
"I wanted to talk a little bit about the Supreme Court. Because I. Kind of always WanNa talk a little bit about the Supreme Court, but also because it's been really. It's been a real roller coaster ride for the last. Year or so everybody went in thinking that the liberals would get just pommelled and that America's social progress would get set back fifty years, and in some ways you not. Everything has been a win for sure I. Don't WanNa pretend that everything has been a win. There have been some surprising wins like last week on the day. That show came out the supreme. Supreme Court ruled that the trump's attempt to extinguish. DACA was unconstitutional. He didn't do it the right way so Daca. Lives we had neil gorsuch coming through and saying that the Civil Rights Act title seven covers the rights of lgbtq Americans when it comes to employment. Yep, but we still have one that's Kinda hanging over us like the sword of Damocles. And that is a. that's an abortion case out of Louisiana. Alyssa. What do you think is going to happen with the case? It might come down tomorrow. It might come down next week because the supreme, court loves to wait and save the big cases for the end. What do you think's GonNa Happen? Erin. I'd be lying if I said I knew if I even had an inkling that I think that Neil, gorsuch was going to SORTA. Come through or that. John Roberts we don't know like I. Guess My problem is I. Don't have the brain of a supreme. Court justice and I could never be one. Which is why I didn't go to law school. Because what's the point if you can't ultimately be a? Supreme Court Justice One day, but it's like I. Worry I worry that they've done these things sort of I think by following the letter of the laws they they believe it should be interpreted and I'm like. ARE THEY GONNA? Be like well and buy them. I mean the republic. We know how old Brett's GonNa. Go breads just he doesn't even need to show up for the for the hearing I mean he can just put that Shit on mute and play brick. But the others you're like, are they just? Are they going to be like? Wow, if we. If we are. Are we really going to Piss? Trump off like it's GonNa fire US court justice. If we don't if we don't give do him a solid here and set women's rights back thirty years. So I, don't I? Don't know I know what's going to happen. Yeah I. Mean I try not to get excited because you know one hand. There's no words no way to get excited, but there's also being in a state of having my loins just constantly go ahead. Is a little exhausting I really want to. I. Really Want to live in a world were John Roberts can. Be The deciding vote and in and write an opinion. He admonishes the Fifth Circuit Court for even trying to step to him right by deliberately directly confronting Supreme Court ruling from two thousand sixteen. But in two thousand, Sixteen Roberts was on the side of keeping the trap block question in place. I. Don't know what's going to happen and I'M Just I just get it over with I. Just wanted to know I. Just want to tell us. It's suspense we don't need. Yeah Yeah I just WanNa read Sonia Sotomayor's either concurring opinion or fiery descent. She has been really writing some interesting stuff this term. And I just really want to know you know. We have. We've affirmed the LGBTQ people are people. With amazing Yes docker recipients, also people I'm really excited to learn if women are also people less negative crazy. I know get crazy.
This Morning with Gordon Deal
Texas AG praises 5th circuit court decision that blocked universal vote-by-mail in Texas
"Texas Attorney General Ken Paxton praising the fifth circuit court of appeals for blocking your seven Tokyo judges a tip to allow anyone in Texas to vote by mail if statement Paxton said allow universal mail in ballots would only lead to greater election fraud and disenfranchise lawful voters he says the unanimous fifth circuit ruling puts a stop to this blatant violation of Texas