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Michael Cargill, owner of Central Texas Gun Works in Austin, opposes the ban on bump stock sales. “During the Trump administration, the bump stock ban cropped up as a rather glaring example of unlawful administrative power,” Philip Hamburger, a founder of the New Civil Liberties Alliance, said in an email. Image A bump stock attaches to a semiautomatic rifle and enables it to fire at a much higher rate. In response, the Justice Department promised to review the legality of bump stocks, but A.T.F. Eventually, the full court agreed with Mr. Cargill by vote of 13 to 3, split along ideological lines.

Persons: Michael Cargill, ”, Cargill, Trump, ” Philip Hamburger, Elizabeth B, Prelogar, George Frey, Cargill strolled, “, Mark Chenoweth, ” Mr, Chenoweth, Obama, ” “, Mr, Charles Koch, Jonathan F, Mitchell, Donald J, Stephen Paddock, Erin Schaff, Jennifer Walker Elrod Organizations: Central Texas Gun, Government, Army, New Civil Liberties Alliance, —, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Charles Koch Foundation, Koch Industries, Colorado Supreme, National Rifle Association, Justice Department, Congress, The New York Times Federal, U.S ., Appeals, Fifth Circuit, Mr, Gun Control Locations: Austin, Las Vegas, ”, “, Texas

WASHINGTON (AP) — The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission's ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Jarkesy's lawyers noted that the SEC wins almost all the cases it brings in front of the administrative law judges but only about 60% of cases tried in federal court. A decision upholding the 5th Circuit's ruling could sweep far more broadly, calling into question the authority of administrative law judges at numerous federal agencies, the Justice Department said.

Persons: Biden, George R, Jarkesy, ”, Jennifer Walker Elrod, Andrew Oldham, Elrod, George W, Bush, Donald Trump, Eugene Davis, Ronald Reagan Organizations: WASHINGTON, Securities, Exchange, SEC, Circuit, Oldham, Justice Department Locations: New Orleans

NEW ORLEANS (AP) — A Louisiana lawyer who objected to the state bar association’s public statements on several issues including health tips and LGBTQ rights can no longer be forced to join or pay dues to the association, a federal appeals court has ruled. Circuit Court of Appeals order, dated Monday, blocks the Louisiana State Bar Association from forcing attorney Randy Boudreaux to join the LSBA or pay its dues, at least for now. Boudreaux's is one of more than two dozen cases playing out around the country challenging state requirements that attorneys join and pay dues to state bar associations. Organizations including the Goldwater Institute and, in Louisiana, the Pelican Institute, are challenging mandatory bar association membership as violations of free speech rights. The association's promotion of an article on the effects of student loan debt on young lawyers was not germane, the court found.

Persons: Randy Boudreaux, Boudreaux's, Monday's, LSBA, Jerry Smith, Boudreaux, ”, Smith, ” Smith, “, Dane Ciolino, Ronald Reagan, Carolyn Dineen King, Jimmy Carter, Jennifer Walker Elrod, George W, Bush Organizations: ORLEANS, —, U.S, Circuit, Louisiana State Bar Association, Goldwater Institute, Pelican Institute, Twitter, LGBT Locations: Louisiana, Texas

Federal appeals courts have come to different decisions about whether the regulation defining a bump stock as a machine gun comports with federal law. The Trump administration’s ban on bump stocks was an about-face for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The full U.S. 5th Circuit ruled 13-3 in January that Congress would have to change federal law to ban bump stocks. But a panel of three judges on the federal appeals court in Washington looked at the same language and came to a different conclusion. As such, it is a machine gun under the National Firearms Act and Gun Control Act.”A decision is expected by early summer in Garland v. Cargill, 22-976.

Persons: Biden, Trump, Obama, Jennifer Walker Elrod, Robert Wilkins Organizations: WASHINGTON, Supreme, Justice Department, U.S, Circuit, Trump, of Alcohol, Tobacco, Firearms, Explosives, Las, ATF, 5th Circuit, National Firearms Act, Control, U.S ., Appeals, District of Columbia Circuit, Cargill Locations: Las Vegas, New Orleans, Washington, Garland

☆ Appeals court reverses much of judge's order blocking Biden administration officials from communicating with social media companies
▼ + stars: | 2023-09-08 | by ( Tierney Sneed | ) edition.cnn.com time to read: +3 min

CNN —A federal appeals court on Friday said the Biden administration likely violated the First Amendment in some of its communications with social media companies, but also narrowed a lower court judge’s order on the matter. The opinion was handed down jointly by Circuit Judges Edith Clement, Jennifer Walker Elrod and Don Willett – all appointees of Republican presidents. The conservative appeals court sided with many of the arguments put forward by the plaintiffs, which included private individuals as well Missouri and Louisiana, but also narrowed the injunction’s scope so that it only applied to the White House, the surgeon general, the CDC and the FBI. Doughty had included other agencies in his July order. This story has been updated with additional information.

Persons: Biden, Federal Bureau of Investigation –, Terry Doughty, ”, Doughty, Edith Clement, Jennifer Walker Elrod, Don Willett – Organizations: CNN, Circuit, Appeals, US Centers for Disease Control, Federal Bureau of Investigation, US District, Biden, Supreme, White, CDC, FBI Locations: Missouri, Louisiana

NEW ORLEANS (AP) — A federal appeals court Friday significantly whittled down a lower court's order curbing Biden administration communications with social media companies over controversial content about COVID-19 and other issues. Circuit Court of Appeals in New Orleans on Friday said the White House, the Surgeon General, the Centers for Disease Control and the FBI cannot “coerce” social media platforms to take down posts the government doesn’t like. Even the appeals court’s softened order doesn’t take effect immediately. The administration has 10 days to seek a Supreme Court review. The case was heard by judges Jennifer Walker Elrod and Edith Brown Clement, nominated to the court by former President George W. Bush; and Don Willett, nominated by former President Donald Trump.

Persons: evening's, Joe Biden’s, Hunter, Jeff Landry, “, Terry Doughty's, Friday's, Jennifer Walker Elrod, Edith Brown Clement, George W ., Don Willett, Donald Trump, Doughty Organizations: ORLEANS, —, Biden, U.S, Circuit, Centers for Disease Control, FBI, Facebook, District, National Institute of Allergy, Infrastructure Agency, State Department, Trump Locations: New Orleans, Louisiana, Missouri, U.S

☆ Appeals court imposes restrictions on abortion pill, but drug will stay on the market for now
▼ + stars: | 2023-08-16 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

A federal appeals court on Wednesday imposed restrictions on the abortion pill mifepristone, though the ruling will not have an immediate impact. The ruling by the U.S. 5th Circuit Court of Appeals is paused from taking effect until the Supreme Court makes a decision about the case. The appeals court Wednesday ruled that the several decisions the Food and Drug Administration took to make the abortion pill more broadly available to women were illegal. If the Supreme Court upholds Wednesday's ruling, women would no longer be able to obtain the abortion pill by mail. That is basically the narrative you all are putting forth — nobody should ever question the FDA," Ho said during the hearing.

Persons: Biden, Jennifer Walker Elrod, Judge James Ho, mifepristone, Roe, Wade, Elrod, George W, Bush, Ho, Cory Wilson, Donald Trump, Danco Organizations: Alamo Women's, U.S, and Drug Administration, FDA, Food, Circuit, Danco Laboratories, Alliance for Hippocratic Medicine, Republican Locations: Carbondale , Illinois, U.S

Used boxes of Mifepristone, the first pill in a medical abortion, line a trash can at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Court of Appeals stopped short of ruling that the drug must be pulled off the market altogether, as a lower court had done. The three-judge 5th Circuit panel was reviewing an order in April by U.S. District Court Judge Matthew Kacsmaryk in Amarillo, Texas. They contend the FDA used an improper process when it approved mifepristone in 2000 and did not adequately consider the drug's safety when used by minors. The court also reversed the agency's 2016 decision to allow mifepristone to be used up to 10 weeks of pregnancy, up from seven.

Persons: Evelyn Hockstein, Matthew Kacsmaryk, Kacsmaryk, Erin Hawley, William Ho, mifepristone, telemedicine, Jennifer Walker Elrod, Wade, Brendan Pierson, Nate Raymond, Cynthia Osterman Organizations: Alamo Women's, REUTERS, Circuit, U.S, Supreme, U.S . Food, Drug Administration, White, Alliance, Hippocratic Medicine, FDA, Alliance Defending, STATES, Guttmacher Institute, American College of Obstetricians, American Medical Association, Thomson Locations: Alamo, Carbondale , Illinois, U.S, New Orleans, Amarillo , Texas, New York, Boston

Circuit Court of Appeals stopped short of ruling that the drug must be pulled off the market altogether, as a lower court had done. A spokesperson for the U.S. Department of Justice said that the Biden administration will appeal the ruling to the U.S. Supreme Court. President Joe Biden, a Democrat, supports abortion rights and last year ordered the federal health agency to expand access to mifepristone. [1/2]Used boxes of Mifepristone, the first pill in a medical abortion, line a trash can at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. The U.S. Supreme Court last year overturned its landmark Roe v. Wade ruling that had legalized abortion nationwide.

Persons: Biden, Joe Biden, Matthew Kacsmaryk, Kacsmaryk, Erin Hawley, Susan B, Anthony Pro, Alexis McGill Johnson, Evan Masingill, Evelyn Hockstein, James Ho, mifepristone, telemedicine, Jennifer Walker Elrod, Wade, Brendan Pierson, Patrick Wingrove, Nate Raymond, Sharon Bernstein, Trevor Hunnicutt, Cynthia Osterman Organizations: Circuit, U.S . Department of Justice, U.S, Supreme, Alliance, Hippocratic Medicine, FDA, Alliance Defending, Planned Parenthood Federation of America, U.S . Food, Alamo Women's, REUTERS, Guttmacher Institute, American College of Obstetricians, American Medical Association, Reuters, Thomson Locations: U.S, New Orleans, Amarillo , Texas, Alamo, Carbondale , Illinois, New York, Boston, Sacramento , California, Washington

REUTERS/Jonathan ErnstAug 10 (Reuters) - A federal appeals court on Thursday will weigh lifting a Louisiana judge's order limiting the Biden administration's ability to communicate with social media companies to urge them to moderate information it deems harmful or misleading. Circuit Court of Appeals in New Orleans is set to hear arguments in the administration's appeal of the judge's ruling, which found that the government wrongly pushed social media firms to suppress disfavored political views. The Biden administration quickly appealed, and the 5th Circuit temporarily put the judge's ruling on hold while it heard the case. The administration denies forcing social media companies to take down any posts. The panel that will hear the Biden administration's appeal includes three judges who were all appointed by Republican presidents, U.S.

Persons: Joe Biden, Jonathan Ernst, Terry Doughty's, Doughty, Donald Trump, Trump, lockdowns, Biden, Edith Brown Clement, Jennifer Walker Elrod, Don Willett, Brendan Pierson, Nate Raymond, Aurora Ellis Organizations: REUTERS, Biden, Circuit, District, Democratic, Meta, Inc, YouTube, Twitter, X Corp, Trump, Department of Health, Human Services, Federal Bureau of, 5th Circuit, Republican, Thomson Locations: Arcosa, Belen , New Mexico, U.S, Louisiana, New Orleans, Missouri, Monroe, New York

July 31 (Reuters) - A group of Democratic state attorneys general has urged a federal appeals court to lift an order sharply curbing the ability of government officials to push social media companies to moderate content they deem harmful. Circuit Court of Appeals that the order hampers efforts by government officials to stop the spread of false information. They alleged that U.S. government officials, under both Democratic President Joe Biden and his Republican predecessor Donald Trump, effectively coerced social media companies to censor posts over concerns they would fuel vaccine hesitancy during the COVID-19 pandemic or upend elections. The office of Louisiana Attorney General Jeff Landry did not immediately respond to a request for comment. Reporting By Brendan Pierson in New York; editing by Deepa Babington and Leslie AdlerOur Standards: The Thomson Reuters Trust Principles.

Persons: Letitia James, Terry Doughty, Joe Biden, Donald Trump, Biden, Andrew Bailey, Jeff Landry, Edith Brown Clement, Jennifer Walker Elrod, Don Willett, Brendan Pierson, Deepa Babington, Leslie Adler Organizations: Democratic, District of Columbia, New York, New, Circuit, Appeals, District, Republican, U.S, Facebook, YouTube, Department of Health, Human Services, Federal Bureau of, Missouri, Thomson Locations: New Orleans, U.S, Louisiana, Missouri, New York

May 17 (Reuters) - Federal appeals court judges appeared to express support on Wednesday for opponents of the abortion pill mifepristone to pursue their challenge to its U.S. approval, which has potentially far-reaching consequences for abortion access across the country. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. [1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Judges James Ho and Wilson were appointed by Donald Trump. SAFE AND EFFECTIVEMifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal.

[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - U.S. appeals court judges began hearing arguments on Wednesday in a legal battle over the availability of the abortion pill mifepristone, with potentially far-reaching consequences for abortion access across the United States. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. Danco Laboratories, which sells the drug under the brand name Mifeprex, is also expected to argue before the court. The emergency room doctors said they were being forced to complete surgical abortions, which was against their conscience, for women who took the pill and failed to complete a medical abortion.

Circuit Court of Appeals panel that will hear the Biden administration's appeal to keep the abortion pill mifepristone on the market are staunchly conservative, with a record of opposing abortion rights. - In 2019, she co-authored a majority opinion for the full 5th Circuit that upheld a Texas law that effectively banned the most common abortion procedure for terminating second-trimester pregnancies. - Also in 2019, she wrote a majority panel 5th Circuit opinion invalidating the Affordable Care Act's mandate requiring individuals to purchase health insurance. - In 2019, he was part of a 5th Circuit panel that rejected Mississippi's 15-week abortion ban, but in a concurring opinion argued against the constitutional right to abortion. - In 2018, he voted to uphold a Texas law requiring burial or cremation of fetal remains.

May 8 (Reuters) - A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three deeply conservative judges hostile to abortion rights, a federal appeals court revealed on Monday. Circuit Court of Appeals panel in New Orleans on May 17 to overturn a court order that suspended the federal government's approval of mifepristone. The U.S. Supreme Court put that order on hold, meaning that mifepristone remains available while the case is appealed. In 2021, Ho was in the majority in a 2-1 ruling refusing to block Texas's six-week abortion ban. Wilson, another Trump appointee, as a state legislator voted to ban abortion once fetal cardiac activity is detected, around six weeks.

☆ U.S. appeals court strikes down ban on bump stocks
▼ + stars: | 2023-01-07 | by ( Jonathan Stempel | ) www.reuters.com time to read: +2 min

REUTERS/George FreyJan 6 (Reuters) - A U.S. appeals court on Friday struck down a Trump administration rule banning bump stocks, which are devices that allow people to rapidly fire multiple rounds from semi-automatic guns. Circuit Court of Appeals in New Orleans said that despite "tremendous" public pressure to impose a ban, it was up to the U.S. Congress rather than the president to take action. Three other federal appeals courts have rejected challenges to the ban, and Friday's decision raises the prospect that the U.S. Supreme Court could eventually decide the issue. A bump stock lets a gun's stock, which rests against the shoulder, slide backward and forward, letting users take advantage of the gun's recoil to fire rapidly. Circuit Court of Appeals, No.

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