Latest news with #LibertyJusticeCenter
Fox News
03-07-2025
- Politics
- Fox News
Court approves settlement after North Carolina student suspended for 'illegal aliens' comment
A high school student's free speech battle against a North Carolina school board took an important step towards closure after a court hearing Tuesday. Christian McGhee, 17, was suspended last year after school officials deemed he made a "racially insensitive" comment about "illegal aliens" in class. The suspension led to a year-long legal battle with the Davidson County Board of Education. Last month, a proposed settlement was reportedly reached between McGhee's parents and the school board. On Tuesday, Judge Thomas David Schroeder of the U.S. District Court for the Middle District of North Carolina ruled that the proposed settlement was "fair, reasonable and in the best interest of [Christian]," according to a press release released Wednesday by the student's legal representatives at the Liberty Justice Center. The school has reportedly agreed to remove the racial bias incident from McGhee's record, issue a public apology, and acknowledge that a former board member responded inappropriately to the incident. Additional terms of the agreement are sealed, but the New York Post reported that the family is also slated to receive a $20,000 payment. Because the student is a minor, a court hearing was required to finalize the settlement, according to the legal group. The teen received a 3-day suspension in the spring of 2024 after asking his teacher if a conversation in class was centered around "spaceship aliens" or "illegal aliens who need green cards" after he returned to the classroom from the restroom. A Latino student present in the class reportedly "joked" that he was going to "kick Christian's a--," leading the teacher to escalate the situation to the assistant principal. McGhee's mother, Leah, who was behind the legal push against the district, told "Fox & Friends" last year that their family tried "for weeks" to resolve the matter privately but were forced to file a lawsuit after getting no response from the school board. The lawsuit accused the school board of violating McGhee's constitutionally-protected rights to free speech and due process. "The court's approval represents a critical step towards finally vindicating Christian's constitutional rights and clearing his record of false allegations," Liberty Justice Center Senior Counsel Dean McGee said of this week's ruling. McGhee's parents said they were grateful and celebrating the legal win. "We are grateful for the Liberty Justice Center's tireless efforts to bring justice to our son, and to the members of the current school board who chose to work with us to help resolve the case," Leah and Chad McGhee said. "Together with the help of our community, we have proved that constitutional rights do not end at schoolhouse doors. We are celebrating this victory and hope it encourages other families to stand firm in the face of adversity." The Davidson County School Board did not immediately return a request for comment.
Yahoo
15-06-2025
- Business
- Yahoo
Opinion: Trump tariffs collide with the law
The Trump administration's arbitrary moves to restructure the international trade environment to accommodate White House whims have suddenly run into reality — specifically, established laws. This confrontation is still in the early stages, but does not bode well for President Trump and his ardent protectionist associates. On May 28, the United States Court of International Trade went back to basics in a decision featuring the reminder that, under the U.S. Constitution, Congress has the authority to regulate trade. This fundamental power is not overridden by the ability of the president to address trade challenges in an emergency. 'The court does not pass upon the wisdom or likely effectiveness of the President's use of tariffs as leverage,' a three-judge panel said in the decision to issue a permanent injunction on the blanket tariff orders issued by Trump since January. 'That use is impermissible not because it is unwise or ineffective, but because [federal law] does not allow it.' The ruling came in response to two lawsuits. One was filed by the Liberty Justice Center, a nonpartisan organization, on behalf of five small U.S. companies that import goods from countries targeted by Trump's tariffs. The other was filed by a dozen state governments within the United States. Oregon Attorney General Dan Rayfield, a Democrat, is coordinating the states' efforts against the administration. He has declared the tariffs to be economically devastating, reckless and unlawful. Small businesses seeking relief include an importer of wine and other alcoholic beverages based in New York and a maker of educational kits and musical instruments located in Virginia. President Trump has been basing his unilateral tariff authority on the International Emergency Economic Powers Act (IEEPA), passed by Congress and signed into law by President Jimmy Carter near the end of December 1977. The law authorizes the president to declare 'an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States,' with the proviso that such threats must originate 'in whole or substantial part outside the United States,' and requires the president to provide updates to Congress every six months. An incentive for this legislation was a desire in Congress to clarify and restrict presidential actions justified under the 1917 Trading With the Enemy Act, a law which reflected the emergency leading to U.S. entry in World War I as a formal declared combatant. The immediate incentive for our nation to enter that war was declaration by Germany of unrestricted submarine warfare. The 1917 law had been used to justify a variety of presidential initiatives, not all related to foreign policy and international developments. Declared national emergencies then technically still in effect included the 1933 banking crisis, related to the hoarding of cash and gold; the 1950 Korean War crisis; a 1970 emergency related to a strike by postal workers; and a 1971 emergency related to the deteriorating fiscal condition of the federal government. Key powers granted include the ability to block transactions and take control of assets of the parties involved in the threats. This section was used by the Trump administration to justify the new tariffs. IEEPA was passed during a time of congressional assertiveness. Another important factor, no doubt, was President Carter's fixation on clear, orderly administration, which he carried to extremes. The severe national crises, traumas and wars described above contrast with today's long-term growth and prosperity, and blessed absence of direct involvement in war. The judicial veto of presidential overreach shows our system is working.
Yahoo
11-06-2025
- Business
- Yahoo
Trump administration prevails as appeals court pauses lower court decision blocking contested tariffs
President Trump's tariffs will remain in effect for now after a federal appeals court ruled Tuesday to pause a lower court decision that had blocked them. The U.S. Court of Appeals for the Federal Circuit granted the stay and scheduled an expedited review of the case, which centers on whether Trump exceeded his authority under federal law. The case involves challenges from five small businesses and a coalition of states who argue that President Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unlawful. Tariff Fight Escalates As Trump Appeals Second Court Loss The U.S. Court of International Trade sided with the plaintiffs earlier this year, issuing an order to block the tariffs. That decision is now on hold pending further review. The Federal Circuit found that both sides raised substantial arguments and that a stay was appropriate under the legal standards used to evaluate such motions. The court's brief order noted that the stay was necessary to preserve the status quo while the appeal proceeds. The case will now be heard by the full bench of active judges in an en banc session, a rare move reserved for matters of exceptional legal significance. Read On The Fox News App Oral arguments are scheduled for July 31 at 10:00 a.m. in Courtroom 201 at the Federal Circuit courthouse in Washington, Tariff Plan Faces Uncertain Future As Court Battles Intensify The Liberty Justice Center, which represents the five businesses, criticized the court's decision to allow the tariffs to remain temporarily but welcomed the accelerated review. "We're disappointed the federal circuit allowed the unlawful tariffs to remain in place temporarily," said Jeffrey Schwab, Senior Counsel and Director of Litigation at the Liberty Justice Center. "It's important to note that every court to rule on the merits so far has found these tariffs unlawful, and we have faith that this court will likewise see what is plain as day: that IEEPA does not allow the president to impose whatever tax he wants whenever he wants. We are glad the federal circuit recognized the importance of this case, and agreed to hear it before the full court on an expedited schedule."The full opinion can be read here. White House spokesman Kush Desai defended the Trump administration's executive powers in a statement to Fox News Digital, saying it welcomed the US Circuit Court of Appeals' stay order. "The Trump administration is legally using the powers granted to the executive branch by the Constitution and Congress to address our country's national emergencies of persistent goods trade deficits and drug trafficking. The US Circuit Court of Appeals' stay order is a welcome development, and we look forward to ultimately prevailing in court," Desai article source: Trump administration prevails as appeals court pauses lower court decision blocking contested tariffs
Fox News
11-06-2025
- Business
- Fox News
Trump administration prevails as appeals court pauses lower court decision blocking contested tariffs
President Trump's tariffs will remain in effect for now after a federal appeals court ruled Tuesday to pause a lower court decision that had blocked them. The U.S. Court of Appeals for the Federal Circuit granted the stay and scheduled an expedited review of the case, which centers on whether Trump exceeded his authority under federal law. The case involves challenges from five small businesses and a coalition of states who argue that President Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unlawful. TARIFF FIGHT ESCALATES AS TRUMP APPEALS SECOND COURT LOSS The U.S. Court of International Trade sided with the plaintiffs earlier this year, issuing an order to block the tariffs. That decision is now on hold pending further review. The Federal Circuit found that both sides raised substantial arguments and that a stay was appropriate under the legal standards used to evaluate such motions. The court's brief order noted that the stay was necessary to preserve the status quo while the appeal proceeds. The case will now be heard by the full bench of active judges in an en banc session, a rare move reserved for matters of exceptional legal significance. Oral arguments are scheduled for July 31 at 10:00 a.m. in Courtroom 201 at the Federal Circuit courthouse in Washington, TARIFF PLAN FACES UNCERTAIN FUTURE AS COURT BATTLES INTENSIFY The Liberty Justice Center, which represents the five businesses, criticized the court's decision to allow the tariffs to remain temporarily but welcomed the accelerated review. "We're disappointed the federal circuit allowed the unlawful tariffs to remain in place temporarily," said Jeffrey Schwab, Senior Counsel and Director of Litigation at the Liberty Justice Center. "It's important to note that every court to rule on the merits so far has found these tariffs unlawful, and we have faith that this court will likewise see what is plain as day: that IEEPA does not allow the president to impose whatever tax he wants whenever he wants. We are glad the federal circuit recognized the importance of this case, and agreed to hear it before the full court on an expedited schedule."The full opinion can be read here. White House spokesman Kush Desai defended the Trump administration's executive powers in a statement to Fox News Digital, saying it welcomed the US Circuit Court of Appeals' stay order. "The Trump administration is legally using the powers granted to the executive branch by the Constitution and Congress to address our country's national emergencies of persistent goods trade deficits and drug trafficking. The US Circuit Court of Appeals' stay order is a welcome development, and we look forward to ultimately prevailing in court," Desai said.
Yahoo
06-06-2025
- Politics
- Yahoo
North Carolina school district to issue apology, pay $20K to student suspended over 'illegal alien' comment
The family of a North Carolina high school student suspended for using the term "illegal alien" is slated to receive a $20,000 payment and a public apology under a proposed settlement, according to The New York Post. The outlet reported Thursday that the settlement was reached to remove all references to racial bias from now-17-year-old Christian McGhee's record, provide compensation and issue a public apology "for the mischaracterization of racial bias." "The Proposed Settlement provides C.M. with monetary compensation intended to defray the costs of his new school, which is private and charges annual tuition," according to the document. The settlement is now pending a judge's approval. North Carolina Student Sues School Board After Suspension For Using The Term 'Illegal Alien' McGhee's lawyer, Liberty Justice Center attorney Dean McGee, told the Carolina Journal that a motion had been filed on Friday, asking the court to approve a settlement to resolve the matter. Read On The Fox News App "Because Christian is a minor, a court hearing is required before the settlement can become final," he explained. "We'll have more to say after that hearing, but we're pleased to take this important step toward clearing our client's name." The teen received a three-day suspension last year after asking his teacher if a conversation in class was centered around "spaceship aliens" or "illegal aliens who need green cards" after he returned to the classroom from the restroom. A Latino student present in the class reportedly "joked" that he was going to "kick Christian's a--," leading the teacher to escalate the situation to the assistant principal. The comment was ultimately deemed racially insensitive by the school administration, which the family disputes, and prompted a year-long legal battle. Ny Mom Files Lawsuit Against School After Son Allegedly Punished For Defending 'Two Genders' McGhee and his family maintained his innocence throughout. McGhee's mother Leah, who was behind the legal push against the district, joined "Fox & Friends" last year to air some of her grievances concerning the matter. "Christian was suspended three days, out of school suspension. He missed several very important track meets, and, since that time, we have removed him from the school," McGhee told Fox News' Ainsley Earhardt. "We have asked the school to handle this privately for weeks. I have emailed the school board for four weeks. I've had no response from the school board, and since… we had no resolution, we had no other choice but to file a lawsuit and take this public." Click Here For More Coverage Of Media And Culture Dean McGee, the family's attorney, argued at the time that the United States government uses the term "illegal alien," which is clearly defined in Webster's Dictionary, and has no racial specification. The lawsuit centered on McGhee's First Amendment rights. Fox News Digital reached out to the Davidson County School District for comment on the proposed settlement, but did not immediately receive a response. Fox News' Bailee Hill contributed to this article source: North Carolina school district to issue apology, pay $20K to student suspended over 'illegal alien' comment
