FDA Agrees to Remove Anti-Ivermectin Posts Off the Internet in Lawsuit Settlement

Ivermectin

The Food and Drug Administration (FDA) has reportedly settled a lawsuit brought by three doctors who accused the health regulator of interfering with their ability to practice medicine and prescribe Ivermectin to treat COVID.

Dr. Mary Talley Bowden, Dr. Paul E. Marik and Dr. Robert L. Apter sued the FDA in June of 2022, asking the court to: “Hold unlawful and set aside any FDA actions directing or opining on whether ivermectin should be used for certain off-label purposes, including treatment of COVID-19.”

Read More

Appeals Court Strikes Down ATF’s ‘Ghost Gun’ Restrictions

The Fifth Circuit Court of Appeals on Friday unanimously struck down the Biden administration’s restrictions on “ghost guns,” or firearms without serial numbers, determining that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked authority to enact them.

The decision upholds a lower court decision that held the ATF exceeded its authority. The U.S. Supreme Court had allowed the restrictions to take effect while the case made its way through the appeals process.

Read More

Appeals Court Shoots Down Challenges to Nasdaq Rule Requiring Companies to Have at Least Two ‘Diverse’ Board Members

A federal appeals court rejected challenges Wednesday to a Nasdaq rule mandating that companies listed on the exchange have a female and an underrepresented minority on their board, or explain why they cannot meet the requirement.

The Fifth Circuit Court of Appeals shot down lawsuits filed by the National Center for Public Policy Research and the Alliance for Fair Board Recruitment against the Securities and Exchange Commission (SEC) for approving the rule in August 2021. The rule requires Nasdaq-listed companies to provide information on gender, racial and LGBTQ+ status of their board of directors, mandating that at least two board members fall into one of those “diverse” categories.

Read More

Censorship Case Involving State Collusion with Social Media Companies Could Be Heard by the Supreme Court

The Supreme Court could hear a case questioning a California agency’s coordination with Twitter to censor election-related “misinformation.”

O’Handley v. Weber, which concerns the California Secretary of State’s Office of Election Cybersecurity’s work with Twitter to monitor “false or misleading” election information, was appealed to the Supreme Court on June 8. The case raises questions similar to those posed in the free speech lawsuit Missouri v. Biden, now being appealed in the Fifth Circuit: Can the government lawfully induce private actors to censor protected speech?

Read More

Court Vacates Contempt Order Against Catherine Englebrecht and Gregg Phillips

The Fifth Circuit Court of Appeals has ruled in favor of Texas-based True the Votes’ Catherine Engelbrecht and Gregg Phillips by vacating a contempt order filed against them by a district court.

“Catherine and Gregg offer their profound gratitude to the Fifth Circuit’s vindication and are committed more strongly than ever to defending the integrity of American elections,” according to a statement from True the Vote.

Read More

Biden Admin Promises Legal ‘Response’ After Court Declares DACA Illegal

The Biden administration says it will take legal action after a court declared Deferred Action for Childhood Arrivals (DACA) illegal Wednesday.

The Fifth Circuit Court of Appeals’ ruling “deeply disappointed” Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, who said his department will work with the Department of Justice (DOJ) to devise an “appropriate legal response.” The case will go back to a lower court while nearly 600,000 DACA recipients currently in the U.S. will be able to remain in the program.

Read More

19 State Attorney Generals Petition SCOTUS Supporting Lawsuit over Altered Deportation Policy

Nineteen attorneys general, led by Arizona AG Mark Brnovich, filed an amicus brief with the U.S. Supreme Court in a case the Biden administration is fighting after a federal judge in Texas ruled against it last month.

Texas and Louisiana sued over a Department of Homeland Security directive altering deportation policy.

Read More

OSHA Suspends Vaccine Mandate After Emergency Temporary Standard Struck Down by Court

After The Fifth Circuit Court of Appeals ruled Friday to keep its stay of the Occupational Safety and Health Administration’s (OSHA) emergency rule that would require employers of more than 100 employees to mandate COVID-19 vaccines in place, the federal agency says that it will no longer pursue private sector vaccine mandates at this time. 

“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”),” OSHA said in a statement. “The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

Read More

Fifth Circuit: Challenge to Biden Vaccine Mandate ‘Virtually Certain to Succeed’ Based on Constitution and Law

woman with a hard hat and safety glasses on

The Fifth Circuit Court of Appeals ruled on Friday to keep its stay of the Occupational Safety and Health Administration’s (OSHA) emergency rule that would require employers of more than 100 employees to mandate COVID-19 vaccines in place, determining that the private businesses challenging the rule were “very likely to win” their case.

The case is BST Holdings v. OSHA, No. 21-60845. BST Holdings, along with a host of other companies and several states, including Louisiana, Texas, South Carolina, Mississippi and Utah, sued President Joe Biden’s OSHA to halt the vaccine mandate.

Read More