White farmer sues over ‘racially discriminatory’ stimulus program

A white Florida farmer is challenging part of the recent COVID-19 stimulus law in federal court because it hands out federal benefits based on the color of a farmer’s skin. The civil rights lawsuit, Wynn v. Vilsack, was filed in federal court in Florida on May 18 by the Sacramento, California-based Pacific Legal Foundation (PLF), a national public interest law firm. Tom Vilsack is being sued in his official capacity as U.S. Secretary of Agriculture. The plaintiff, Scott Wynn, is a white man who has been producing sweet potatoes, corn, soybeans, peanuts, and cattle on his own farm in Jennings, Florida, since … Continue reading White farmer sues over ‘racially discriminatory’ stimulus program

Mass. governor to end pandemic restrictions early

Facing mounting legal pressure, Massachusetts Gov. Charlie Baker announced the Bay State will soon stop enforcing pandemic-related restrictions on civic life and businesses, including those that single out religious gatherings—months ahead of Baker’s previously stated reopening deadline of Aug. 1. Baker’s announcement came days after First Liberty Institute and the Massachusetts Family Institute filed a federal lawsuit challenging the restrictions on behalf of New Life South Coast in New Bedford, Massachusetts, and the New Civil Liberties Alliance (NCLA) asked the Supreme Court to review a state court ruling that held the Republican governor’s restrictions didn’t violate its clients’ federal constitutional rights. The announcement also … Continue reading Mass. governor to end pandemic restrictions early

Violent crime jumped in two counties that stopped cooperating with ICE, report finds

Two North Carolina counties that canceled cooperation agreements with U.S. Immigration and Customs Enforcement (ICE) subsequently experienced an upsurge in violent crime, according to a new report. The report, by the Immigration Reform Law Institute (IRLI), comes as left-wing lawmakers, led by Rep. Ritchie Torres, a New York Democrat, call for slashing funding for the so-called 287(g) program, which creates a framework for cooperation between local law enforcement officials and federal immigration authorities. Founded in 1986, IRLI is a public interest law firm that describes itself as being “dedicated to achieving responsible immigration policies that serve our national interest.” “Named after a section in … Continue reading Violent crime jumped in two counties that stopped cooperating with ICE, report finds

Supreme Court to consider Mississippi’s 15-week abortion ban

The Supreme Court has decided to hear a Mississippi case that could allow states to ban abortions after 15 weeks of gestation. The case will probably be heard in the fall of this year. It comes as Democrats and President Joe Biden intensify their push to expand the Supreme Court from its current nine members, in part to protect abortion rights. Mississippi Gov. Tate Reeves hailed the court’s decision, saying a review of the nation’s abortion laws was “long past due.” “The sanctity of life. The future of our children. Mississippi is at the forefront of protecting both. And that is what is at stake in … Continue reading Supreme Court to consider Mississippi’s 15-week abortion ban

Supreme Court unanimously rebuffs Biden administration on warrantless searches for handguns

The Supreme Court unanimously rejected Biden administration arguments in a case from Rhode Island that police should be allowed to enter homes without a warrant to seize handguns. The ruling in the case, Caniglia v. Strom, court file 20-157, came … Continue reading Supreme Court unanimously rebuffs Biden administration on warrantless searches for handguns

Farmers sue over federal regulation of ‘mud puddle’ on their land

A farming family is suing the federal government over its demand that they leave what the family argues is a mud puddle in the middle of their farm intact because it considers the ground to be a federally protected wetland. The legal complaint in the case, Foster v. U.S. Department of Agriculture (USDA), was filed earlier this month in U.S. District Court in South Dakota. The lawsuit was filed by the Sacramento, California-based Pacific Legal Foundation (PLF), a national public interest law firm. The puddle is about 0.8 acres in size and roughly eight inches deep. The family’s rights “are being violated … Continue reading Farmers sue over federal regulation of ‘mud puddle’ on their land

1776 Action takes on anti-American education, critical race theory

South Dakota Gov. Kristi Noem announced recently that she’s the first candidate nationwide to promise to fight action civics and critical race theory by signing the 1776 Pledge to Save Our Schools, a pledge drafted by a new patriotic education group. The pledge signed by the Republican governor is promoted by 1776 Action, a new 501(c)(4) nonprofit founded by Adam Waldeck, former aide to former Speaker of the House Newt Gingrich. Gingrich and former Housing and Urban Development Secretary Ben Carson support the group. All the major candidates in the recent contest for the Republican Party nomination for governor of Virginia also signed … Continue reading 1776 Action takes on anti-American education, critical race theory

Massachusetts governor’s pandemic restrictions challenged in Supreme Court

A good-government group is taking to the Supreme Court its challenge of the constitutionality of Massachusetts Gov. Charlie Baker’s 14-month-old pandemic-related state of emergency and its continuing restrictions on civic life and businesses. The New Civil Liberties Alliance (NCLA) filed a petition for certiorari, or review, with the Supreme Court asking the justices to review the Massachusetts Supreme Judicial Court’s December 2020 ruling that held the Republican governor’s restrictions didn’t violate the plaintiffs’ federal constitutional rights. In the case, the petitioners—individuals, business people, small businesses, and churches—argue that the current restrictions on their civil liberties violate their due process rights. Baker’s capacity limitations, curfews, and other restrictions … Continue reading Massachusetts governor’s pandemic restrictions challenged in Supreme Court

Biden reversing HHS gender identity policy

The Biden administration announced that it’s overturning a Trump-era Department of Health and Human Services (HHS) rule that excluded gender identity from sex discrimination protections in the Obamacare statute. The rule dealt with Section 1557 of the Affordable Care Act, which made it unlawful to discriminate on the basis of “race, color, national origin, sex, age, or disability in certain health programs and activities.” Health and Human Services Secretary Xavier Becerra said on May 10 that the decision was made in light of a landmark Supreme Court ruling on an unrelated topic. The June 15, 2020, ruling in Bostock v. Clayton County–that employees can’t … Continue reading Biden reversing HHS gender identity policy

Oklahoma asks Supreme Court to take up abortion ban appeal

Oklahoma Attorney General Mike Hunter implored the Supreme Court to hear a Mississippi case that could allow states to ban abortions after 15 weeks of gestation. Hunter’s remarks came after Oklahoma Gov. Kevin Stitt, a Republican, signed a so-called trigger bill April 27 that would automatically outlaw abortion in the state if the Supreme Court were to overturn Roe v. Wade, which, in 1973, made abortion lawful throughout the United States. Hunter, also a Republican, said his office has an interest in getting involved when “wayward” courts get it wrong on vitally important policy issues, The Oklahoman reported May 9. “My role is to … Continue reading Oklahoma asks Supreme Court to take up abortion ban appeal

Tallahassee sues to reveal names of police officers involved in use-of-force incidents

The City of Tallahassee, Florida, is challenging a state constitutional amendment that bolsters crime victims’ rights by curbing the state’s open-records laws. Florida’s First District Court of Appeal ruled on April 6 in the case that the amendment, which shields the identities of crime victims, covers police officers who are victims of crime. Tallahassee officials argue the ruling has the effect of interfering with the ability of the public to hold police accountable in a state renowned for its laws guaranteeing public access to government records. The appeal comes less than a month after the U.S. Department of Justice decided not to … Continue reading Tallahassee sues to reveal names of police officers involved in use-of-force incidents

Washington Gov. Inslee sued over new capital gains tax

A good-government group is suing Washington state after Gov. Jay Inslee signed a controversial capital gains tax into law that it says violates the U.S. and state constitutions. The lawsuit comes as President Joe Biden pushes for big increases in federal capital gains tax rates. Washington is one of a handful of U.S. states that doesn’t levy a personal or corporate state income tax. Inslee, a Democrat, called the measure an “economic justice legislative package,” when he signed it into law May 4. “This is a day where Washington state starts to make progress on making our upside-down tax system fairer and more … Continue reading Washington Gov. Inslee sued over new capital gains tax

Crack cocaine offender’s leniency bid receives cool reception from Supreme Court

Low-level crack cocaine defendants should benefit from a 2018 federal law that reduced some prison sentences, the Biden administration told largely unreceptive members of the Supreme Court on May 4. Although then-President Donald Trump signed into law the criminal justice reform measure known as the First Step Act, it was his administration’s view that possession of a small amount of crack cocaine wasn’t covered under the statute. The Biden administration reversed course and now argues that the defendant in the current case, Tarahrick Terry, deserves a sentence reduction. The U.S. Department of Justice reinterpreted Section 404 of the First Step … Continue reading Crack cocaine offender’s leniency bid receives cool reception from Supreme Court

Supreme Court won’t hear appeal against Maryland bump stock ban

The Supreme Court has decided against taking up a challenge to Maryland’s ban on bump stocks and other devices that help guns fire faster. The ruling in Maryland Shall Issue Inc. v. Hogan, court file 20-855, came in an unsigned order on May 3. In line with its custom, the court didn’t explain why it denied the petition for certiorari, or review. The decision came after the high court decided on April 26 to hear New York State Rifle and Pistol Association v. Corlett, court file 20-843. In that case, lower courts upheld a state law requiring individuals to obtain a … Continue reading Supreme Court won’t hear appeal against Maryland bump stock ban

19 states ask Supreme Court to rein in EPA powers over coal plants

West Virginia and 18 other states are asking the Supreme Court to review the scope of the Environmental Protection Agency’s regulatory authority over greenhouse gases after an appeals court struck down a Trump-era rule months ago on carbon dioxide emissions from coal-fired power plants. “The case, if granted, would be the biggest climate question to reach the Supreme Court in more than a decade,” according to Bloomberg Law. In Massachusetts v. EPA (2007), the Supreme Court gave the agency the power to regulate greenhouse gases. The Jan. 19 decision by the U.S. Court of Appeals for the D.C. Circuit was a victory for … Continue reading 19 states ask Supreme Court to rein in EPA powers over coal plants

Supreme Court sides with illegal alien in dispute over deportation process

The Supreme Court rejected the federal government’s effort to move forward with the deportation of a failed refugee claimant who argued he shouldn’t be removed from the United States because official paperwork was incomplete. When the case was argued on Nov. 9, 2020, … Continue reading Supreme Court sides with illegal alien in dispute over deportation process

Biden administration urges Supreme Court to allow schools to censor student expression online

The Biden administration and a Pennsylvania school district urged a skeptical Supreme Court to let school districts suppress free speech by students on social media if they deem it potentially disruptive to school operations. The case, Mahanoy Area School District … Continue reading Biden administration urges Supreme Court to allow schools to censor student expression online

Illegal alien with felony DUI can’t argue deportation was invalid, Supreme Court told

A defendant charged with illegally reentering the United States after being deported isn’t automatically entitled to argue the removal was invalid even if he was removed for a crime that was subsequently deemed not to be a removable offense, the … Continue reading Illegal alien with felony DUI can’t argue deportation was invalid, Supreme Court told

California law forcing charities to identify donors is unconstitutional, Supreme Court hears

The Supreme Court seems sympathetic to arguments by two conservative charities that a California law requiring charities to hand over the names of their donors violates the First Amendment. The case, Americans for Prosperity Foundation v. Bonta, court file 19-251, and a companion case, Thomas More Law Center v. Bonta, court file 19-255, were heard together April 26. Rob Bonta, a Democrat, was sworn in on April 23 as California’s attorney general. The court allotted 70 minutes for oral argument; the hearing actually ran 104 minutes. The petitioner groups were represented by Derek L. Shaffer. The respondent, California, was represented by California Deputy Solicitor General Aimee … Continue reading California law forcing charities to identify donors is unconstitutional, Supreme Court hears