As previously reported by Human Events News, as of January 4, 2022, all employers with more than 100 employees must mandate vaccines for their employees. If employees choose not to get vaccinated, they must succumb to weekly testing and mask wearing. If businesses do not follow the mandate, they could face fines of up to $14,000 per violation.

The mandate is being enforced by the Department of Labor’s Occupational Safety and Health Administration.

All but one of the states that filed lawsuits – Iowa – have republican attorneys general, Just the News reports. Kansas, Kentucky and Louisiana are the only three of the states that have democratic governors.

Louisiana, Mississippi, South Carolina, Texas and Utah all joined a lawsuit in the 5th Circuit Court of Appeals, which issued a temporary block on the vaccine mandate citing potential “grave statutory and constitutional issues” raised by the plaintiffs. South Carolina is under the jurisdiction of the 4th Circuit Court of Appeals and Utah is under the 10th Circuit.

Idaho, Kansas, Kentucky, Ohio, Oklahoma, Tennessee and West Virginia jointly filed their lawsuit in the 5th Circuit Court of Appeals. Idaho is under the 9th Circuit Court of Appeals, Kansas and Oklahoma are under the 10th and West Virginia is under the 4th.

Indiana is filing its lawsuit in the 7th Circuit Court of Appeals.

Alaska, Arizona, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming filed in the 8th Circuit Court of Appeals. Alaska, Arizona and Montana are under the 9th Circuit Court of Appeals, New Hampshire is under the 2nd and Wyoming is under the 10th.

Alabama, Florida and Georgia are suing in the 11th Circuit Court of Appeals.

Source: https://humanevents.com/2021/11/08/27-states-have-filed-lawsuits-against-the-biden-administration-over-vaccine-mandate-so-far/

The post 27 States Have Filed Lawsuits Against the Biden Administration Over Vaccine Mandate…So Far first appeared on Garner Ted Armstrong Evangelistic Association.

By contrast, President Barack Obama nominated a total of 55 circuit judges who were confirmed over eight years — and Obama’s nominees were, on average, approximately ten years older. The White House has dramatically transformed the 9th Circuit, a powerful court with jurisdiction over nine states and Guam that has long been a thorn in the president’s side.

Of the 30 active seats on the 9th Circuit, 10 have now been appointed by Trump, and 14 by Republican presidents. Only nine of the court’s 19 semi-retired “senior status” judges were appointed by Democrats, with 10 by Republicans. That’s a major change from early last year when only six of the active judges on the 9th Circuit were chosen by Republicans.

“FIFTY CIRCUIT COURT JUDGES!” tweeted Carrie Severino, the conservative Judicial Crisis Network’s chief counsel, and policy director. “Despite unrelenting Democratic obstruction and smear campaigns,” she wrote, Trump and his Senate allies “have answered the call of the American people.”

VanDyke’s confirmation, by a 51-44 vote, came just 24 hours after Patrick Bumatay, an openly gay Filipino man, was also seated on the San Francisco-based 9th Circuit. Both nominees were fiercely opposed by Democrats, including the senators from their home states — Nevada Sens. Jacky Rosen and Catherine Cortez Masto for VanDyke, and California Sens. Dianne Feinstein and Kamala Harris for Bumatay.

The 9th Circuit Court of Appeals in San Francisco has long drawn the ire of President Trump, who has called it “disgraceful.” It’s now being transformed. (AP)

But, the White House has long ignored the so-called “blue slip” process of seeking advice from home-state senators in the judicial confirmation process, as it pressed ahead with its goal of transforming the federal appellate bench for generations.

“As the 9th Circuit shifts to become more conservative and better parallels the Supreme Court’s ideological baseline, I could only imagine fewer liberal 9th Circuit decisions and fewer overturned 9th Circuit decisions generally,” legal scholar and judicial data guru Adam Feldman, who blogs at Empirical SCOTUS, told Fox News.

The confirmations have not been easy for the White House — or its nominees. VanDyke, a deputy assistant attorney general in the environmental and natural resources division, broke down in tears during a Senate Judiciary Committee hearing in October, as he disputed suggestions that he would not be fair to members of the LGBTQ community.

WATCH: VANDYKE BECOMES EMOTIONAL DURING SENATE QUESTIONING 

The ostensibly nonpartisan American Bar Association (ABA), which rated VanDyke unqualified, sent a letter to committee leadership alleging that people they interviewed expressed this concern, and that VanDyke himself “would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.”

“There was a theme that the nominee lacks humility, has an ‘entitlement’ temperament, does not have an open mind, and does not always have a commitment to being candid and truthful,” the letter added.

The ABA did note that VanDyke, a Harvard Law School graduate and former solicitor general for Montana and Nevada, is “clearly smart.” VanDyke is a former Nevada solicitor general who also waged an expensive campaign for a seat on the Montana Supreme Court in 2014.

“I did not say that,” VanDyke told Sen. Josh Hawley, R-Mo., tears welling up in his eyes. “No, I did not say that. I do not believe that. It is a fundamental belief of mine that all people are created in the image of God. They should all be treated with dignity and respect, senator.”

VanDyke also said that he was not given a fair opportunity to respond to the allegations during his ABA interview. He said when he was confronted with the concerns about his views, he began to answer but was told they were running out of time and described himself as “much more hurt than I’ve ever been to get that” assessment from the ABA.

That interview was conducted by Marcia Davenport, the lead evaluator. Hawley noted that Davenport once contributed to the campaign of a judicial candidate who was running against VanDyke.

“I find that absolutely unbelievable,” Hawley said, stating it “probably explains the total ad hominem nature of this disgraceful letter.”

OPINION: VANDYKE THE VICTIM OF LIBERAL SMEAR CAMPAIGN — WHERE HAVE WE SEEN THIS BEFORE?

Conservative groups came to VanDyke’s defense: “Even for the ABA, this is beyond the pale,” the Judicial Crisis Network’s Carrie Severino said in a statement, accusing the ABA of “bias against conservative nominees to the judiciary.”

Bumatay, the nominee confirmed to the 9th Circuit on Tuesday, served as an assistant U.S. attorney for the Southern District of California. He was confirmed in a 53-40 party-line vote and received a “Qualified” rating from the ABA.

“Patrick Bumatay lacks the knowledge and experience necessary for the 9th Circuit,” Feinstein said. “He also acknowledged working on the separation of immigrant families while at the Justice Department and refused to answer questions about other controversial issues.”

The conservative Americans for Prosperity (AFP), however, praised Bumatay’s credentials.

“In Patrick Bumatay, the president has nominated a highly qualified and experienced individual, committed to supporting and defending the Constitution – rather than seeking to legislate from the bench,” Casey Mattox, AFP’s vice president for legal and judicial strategy, said in a statement. “We applaud Chairman Graham and the members of the Senate Judiciary Committee for their support of Bumatay and Senator McConnell for his continued commitment to confirming fair and qualified nominees to the federal bench.”

TRUMP HOLDS WHITE HOUSE PARTY TO CELEBRATE JUDICIAL NOMINATIONS — MCCONNELL SAYS TANKING GARLAND’S NOMINATION WAS BEST CALL EVER

Speaking to top Republican lawmakers and Justice Department officials in the East Room of the White House in November, Trump celebrated the appointment of his 150th federal judge, which he called a “profoundly historic milestone and a truly momentous achievement.” As of Dec. 11, Trump has appointed a total of 120 judges to federal district courts, which sit below appellate courts — with dozens more in the pipeline.

The event featured a series of humorous moments as Trump’s onetime rivals took the microphone. Sen. Lindsey Graham, for example, fondly recalled the time Trump had given out his personal phone number on the campaign trail and compared him to a “dog” — and how the two quickly settled their score shortly after Trump took office.

“The defining moment of your president was the Kavanaugh hearing,” Graham said. “This room would be empty if we had failed Brett Kavanaugh. Brett Kavanaugh lived a life we should all be proud of. He worked hard. And the way he was treated was the worst experience I’ve had in politics. A lot of people would have pulled the plug on him. Mr. President, thank you for not pulling the plug.”

BIDEN WARNS OF TRUMP ‘DEATH GRIP’ ON FEDERAL COURTS

Trump singled out Senate Majority Leader Mitch McConnell, R-Ky., for a standing ovation, saying his impact in methodically confirming judges in the Senate was “truly amazing.” Trump went on to joke that it was “so easy” to get Supreme Court justices confirmed, in a nod to the contentious Brett Kavanaugh hearings last year.

“Generations from now, Americans will know that Mitch McConnell helped save the constitutional rule of law in America — it’s true,” Trump said.

Fox News’ Ronn Blitzer contributed to this report.

Source: https://www.foxnews.com/politics/two-trump-ninth-circuit-nominees-confirmed-over-objections-of-california-senators

The post Trump secures 50th appellate court appointment, with another 9th Circuit judge confirmed first appeared on Garner Ted Armstrong Evangelistic Association.

The 9th Circuit Court of Appeals – long a liberal bastion that has been aggressively reshaped into a more moderate court by the Trump administration – handed the White House a partial victory in the case on Monday by ending the nationwide injunction against the asylum policy. However, the 9th Circuit kept the injunction alive within the territorial boundaries of the circuit, which encompasses California, Arizona, Alaska, Hawaii, Montana, Nevada, Idaho, Guam, Oregon, and Washington.

The Supreme Court’s order was not a final ruling on the policy’s merits but does allow the policy to take effect nationwide, including in the 9th Circuit, while the case makes its way through the lower courts.

TRUMP ADMIN ANNOUNCES MAJOR CRACKDOWN ON ASYLUM SEEKERS, CITING WIDESPREAD FRAUD

President Trump tweeted that the ruling was a “BIG United States Supreme Court WIN for the Border on Asylum!” The administration had argued in a brief to the Supreme Court that unless the injunctions were totally lifted everywhere, it “would severely disrupt the orderly administration of an already overburdened asylum system.”

Only Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented.

“Once again the Executive Branch has issued a rule that seeks to upend longstanding practices regarding refugees who seek shelter from persecution,” Sotomayor and Ginsburg wrote.

They added that they were disappointed the majority failed to exercise “restraint,” and instead intervened in the lower-court matter before it was fully resolved.

The White House, however, said the lower court had overreached in an all-too-familiar manner.

“We are pleased the Supreme Court has ruled our Administration can implement important, needed fixes to the broken asylum system,” White House deputy press secretary Hogan Gidley said.

“This greatly helps build on the progress we’ve made addressing the crisis at our southern border and will ultimately make American communities safer,” Gidley added. “The district court’s erroneous nationwide injunction was another in a series of overreaching orders that allowed a single, non-elected district court judge to override policy decisions for the entire Nation. While there is much more work still to be done, thankfully the Supreme Court took a decisive step here and rejected the lower court’s egregious ruling.”

In a joint statement, House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren, D-Calif., said they were “gravely disappointed.”

“Lives will be lost,” Nadler and Lofgren said. “This rule will result in those fleeing fear and persecution to be turned away at our doorstep and will only exacerbate the humanitarian crisis in the [Central American] region. The United States can and must do better.”

The legal challenge to the new policy has a brief but somewhat convoluted history. Obama-appointed U.S. District Judge Jon Tigar in San Francisco blocked the new policy from taking effect in late July. A three-judge panel of the 9th U.S. Circuit Court of Appeals narrowed Tigar’s order so that it effectively applied only in Arizona and California, states that are within the 9th Circuit.

MEXICO NOW USING BIG X-RAY TO CRACK DOWN ON ILLEGAL IMMIGRATION TO THE UNITED STATES

That left the administration free to enforce the policy on asylum seekers arriving in New Mexico and Texas. Tigar issued a new order on Monday that reimposed a nationwide hold on asylum policy, citing new evidence.

In his ruling Monday, Tigar stressed a “need to maintain uniform immigration policy” and found that nonprofit organizations such as Al Otro Lado don’t know where asylum seekers who enter the U.S. will end up living and making their case to remain in the country.

President Trump said he disagreed with the judge’s ruling, and the idea of single federal judges issuing nationwide injunctions in general — a phenomenon that has exploded under his administration.

Mexican officials and United States Border Patrol officers return a group of migrants back to the Mexico side of the border this past July (AP Photo/Salvador Gonzalez, File)

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“I think it’s very unfair that he does that,” Trump told reporters as he departed the White House for a trip to North Carolina. “I don’t think it should be allowed.”

White House Press Secretary Stephanie Grisham said in a statement that a sole judge shouldn’t have the ability to exert such a broad impact on immigration policy.

“This ruling is a gift to human smugglers and traffickers and undermines the rule of law,” she said.

The 9th Circuit Court of Appeals then narrowed Tiger’s his order again on Monday by issuing an administrative stay. The high-court action leaves the administration free to impose the new policy everywhere while the court case against it continues.

HOW TRUMP HAS RESHAPED THE 9TH CIRCUIT

The rules issued by the Trump administration in July apply to most migrants who pass through another country before reaching the United States. They target tens of thousands of Central Americans fleeing violence and poverty who travel through Mexico each month to seek asylum in the U.S. and would affect asylum seekers from Africa, Asia and South America who arrive regularly at the southern border.

The shift reversed decades of U.S. policy in what Trump administration officials said was an attempt to close the gap between an initial asylum screening that most people pass and a final decision on asylum that most people do not win.

U.S. law allows refugees to request asylum when they get to the U.S. regardless of how they arrive or cross. The crucial exception is for those who have come through a country considered to be “safe,” but the law is vague on how a country is determined to be safe. It says pursuant to a bilateral or multilateral agreement.

In this July 28, 2019, photo, Cameroonians wait in a rented apartment in Tijuana, Mexico, until their names are called to claim asylum in the U.S. (AP Photo/Elliot Spagat)

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People are generally eligible for asylum in the U.S. if they credibly fear return to their home country because they would be personally persecuted based on race, religion, nationality or membership in a particular social group.

The vast majority of asylum claims are denied, however, and the administration has said the system is being abused as a means of economic and humanitarian relief when it was intended to be used for limited and extraordinary cases.

Asylum claims have spiked since 2010, and there is currently a backlog of more than 800,000 cases pending in immigration court. Most asylum claims often fail to meet this high legal standard after they are reviewed by asylum judges, and only about 20 percent of applicants are approved.

The Border Patrol apprehended about 50,000 people at the southern border in August, a 30 percent drop in arrests from July amid summer heat and an aggressive crackdown on both sides of the border to deter migrants. The drop was more significant than it was during the same period last year, however, in what officials called a clear sign that its recent agreement with Mexico to curb illegal immigration was working.

“I had an excellent telephone conversation with Andrés Manuel López Obrador, President of Mexico, talking about Southern Border Security, and various other things of mutual interest for the people of our respective countries,” Trump tweeted late Wednesday.

He added: “The Southern Border is becoming very strong despite the obstruction by Democrats not agreeing to do anything on Loopholes or Asylum!”

The 64,006 migrants apprehended or deemed inadmissible represents a 22 percent drop from July, when 82,055 were apprehended, and a 56 percent drop from the peak of the crisis in May, when more than 144,000 migrants were caught or deemed inadmissible. While the numbers typically drop in the summer, the plummet is steeper than typical seasonal declines.

The Trump administration has reason for optimism now that the case is back in the 9th Circuit. The San Francisco-based appellate court has seven Trump-appointed federal judges — more than any other federal appellate bench.

The radical transformation of the court, which has 29 seats, is largely the result of Trump’s push to nominate conservative judges and bypass traditional consultations with Senate Democrats.

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Thirteen of the 29 seats are now occupied by GOP-appointed judges. Last year, that number stood at six.

“Thanks to Trump, the liberal 9th Circuit is no longer liberal,” The Washington Post noted earlier this year.

Fox News’ Shannon Bream and The Associated Press contributed to this report.

Source: https://www.foxnews.com/politics/supreme-court-green-lights-trumps-immigration-asylum-ban

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