8chan/8kun QResearch Posts (2)
#16062902 at 2022-04-12 21:13:42 (UTC+1)
Q Research General #20317: Reminder NY LT GOV [B]rian [B]enjamin INDICTED Edition
@thegatewaypundit_news JUST IN: U.S. Court Reinstates Biden's Covid-19 Vaccine Mandate for All Federal Employees
A federal appeals court ruled on Thursday to reinstate Biden's unconstitutional executive order to vaccinate federal employees against Covid-19.
The United States Court of Appeals for the Fifth Circuit dismissed the injunction issued by Judge Jeffrey Vincent Brown of the Southern District Court in Texas by a 2-1 vote. The White House and Justice Department have not responded yet to Reuter's request for comments.
It can be recalled that Judge Brown protected medical freedom and blocked Biden's last vaccine mandate on federal employees last January.
"The motion is GRANTED as to Executive Order 14043. All the defendants, except the President, are thus enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits," Brown said in his ruling.
ABC reported:
President Joe Biden's requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court.
In a 2-1 ruling, a panel of the 5th Circuit Court of Appeals reversed a lower court and ordered dismissal of a lawsuit challenging the mandate. The ruling, a rare win for the administration at the New Orleans-based appellate court, said that the federal judge didn't have jurisdiction in the case and those challenging the requirement could have pursued administrative remedies under Civil Service law.
The administration argued that the Constitution gives the president, as the head of the federal workforce, the same authority as the CEO of a private corporation to require that employees be vaccinated.
Twelve of 17 active judges at the 5th Circuit were nominated to the court by Republicans, including six Trump appointees.
Judges Carl Stewart and James Dennis, both nominated to the court by President Bill Clinton, were in the majority. Judge Rhesa Barksdale, a senior judge nominated by President George H.W. Bush, dissented, saying the relief the challengers sought does not fall under the Civil Service Reform Act cited by the administration.
Last February, the 5th Circuit Court of Appeals said they would not reinstate Biden's Covid-19 vaccine mandate to federal workers.
"A federal appeals court said Wednesday it would not reinstate President Joe Biden's Covid-19 vaccine mandate for federal employees while it reviews a lower court's order putting the requirement on hold - potentially setting the stage for the case to go to the Supreme Court," CNN reported.
"The 5th US Circuit Court of Appeals did not explain its reasoning in the unsigned order that said the court was expediting its review of the case. The court said the Biden administration's request to put the lower court's ruling on hold was being "carried with the case," signaling that the appeals court would not rule on the request until it had conducted a fuller review of the case," CNN continued.
#11073401 at 2020-10-14 22:23:50 (UTC+1)
Q Research General #14162: Dem Peach Mint Debacle Goes All In Edition
Dismemberment Abortion Ban Ruled Unconstitutional by Fifth Circuit
The U.S. Court of Appeals for the Fifth Circuit ruled that Texas' law against dismemberment abortions is unconstitutional.
According to documents filed yesterday, the court found that Senate Bill 8, which outlawed abortions by dismemberment, placed an undue burden on women seeking abortions by requiring providers to perform the act while the child is still inside the uterus instead of on the way out.
Dismemberment abortions, also called dilation and evacuation or D&E abortions, sever the fetal tissue as the body leaves the womb. By outlawing such abortions except in cases of emergency, SB 8 essentially required abortion providers to abort the child in the womb before removal. The state proposed three alternatives to dismemberment to achieve "fetal demise in utero": injecting digoxin into the child or amniotic fluid, injecting potassium chloride directly into the child's heart, or cutting the umbilical cord. The court ruled these processes to be an "invasive" and "extra, otherwise unnecessary procedure" that placed an undue burden on women seeking abortions.
"Because fetal tissue separates as a physician removes it from the uterus during the D&E procedure, SB 8 prohibits such abortions unless the physician first ensures fetal demise in utero-an invasive, additional step that is not part of the D&E procedure," the ruling reads.
"[SB 8] thus requires an abortion provider performing a D&E to carry out an extra, otherwise unnecessary procedure in the woman's body to bring about fetal demise."
The majority opinion, issued by Justices James Dennis and Carl Stewart, affirmed the judgment of the U.S. District Court for the Western District of Texas.
The challenge to the law, defended in court by Texas Attorney General Ken Paxton as well as the criminal district attorneys for Tarrant and McLennan Counties, came from various abortion providers and physicians including branches of Planned Parenthood and Whole Woman's Health. As summarized in the ruling, Paxton and the defendants argued that aborting the child within the womb does not constitute an obstacle to abortion.
"[The state] responds that the Act does not impermissibly restrict abortion access because there are procedures that cause fetal death in utero that must be used in addition to D&E to ensure an SB 8-compliant abortion," the ruling reads.
"The State insists that SB 8 does not constitute an undue burden because several 'alternative methods' of causing fetal demise are available and safe."
In response, the court observed that "fetal-demise procedures are not, by definition, alternative procedures because a patient who endures such a procedure must still undergo the entirety of a standard D&E."
The majority opinion holds that the language of SB 8, though graphic, fairly describes the process of D&E abortions and notes that they are the most common method of abortion in Texas and the nation after the first 15 weeks of pregnancy.
Justice Don Willett dissented and will file a dissenting opinion.
SB 8 was authored by Senator Charles Schwertner (R-Georgetown), an orthopedic surgeon and former member of the Texas House, and Sens. Donna Campbell (R-New Braunfels), Lois Kolkhorst (R-Brenham), Jane Nelson (R-Fort Worth), and Charles Perry (R-Lubbock) also co-authored the bill.
https://thetexan.news/dismemberment-abortion-ban-ruled-unconstitutional-by-fifth-circuit/