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Appellate panel hesitant to overturn NC Senate districts in redistricting suit

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Appellate panel hesitant to overturn NC Senate districts in redistricting suit

An appeals court on Thursday weighed a plea to halt the use of two new North Carolina state Senate districts starting this year on arguments the boundaries approved by the Republican-controlled legislature illegally weaken the ability of Black voters in a large region to elect their favored candidate.

But a majority on the three-judge panel of the 4th U.S. Circuit Court of Appeals that heard oral arguments sounded hesitant to reverse last month’s refusal by U.S. District Judge James Dever to issue a preliminary injunction and order new lines. Dever ruled in part that voting was not racially polarized at legally significant levels to justify new districts.

There are no March 5 primaries for the 1st and 2nd Senate Districts being challenged, and an attorney for two Black voters who sued in November said no other districts would have to be disturbed if the panel sides with her clients. Election officials have said they could administer primary elections for retooled districts in mid-May, but legal resolution would have to come quickly. The panel didn’t say when they would rule.

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But lawyers for the Republican legislative leaders helping defend the boundaries have said redistricting rules under the state constitution would force a statewide redraw of the Senate map that would require new candidate filing and ballots. Courts often cite a legal principle discouraging voting rule changes close to an election to avoid confusion.

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Circuit Judge J. Harvie Wilkinson mentioned the state’s abundance of redistricting litigation — almost continuous since the early 2010s — as something to consider when examining Dever’s findings and conclusions. And at least three other redistricting lawsuits challenging congressional and legislative maps drawn in October for use through the 2030 elections are pending.

The North Carolina state Capitol is photographed in Raleigh, North Carolina. (LOGAN CYRUS/AFP via Getty Images)

“At some point, doesn’t North Carolina deserve a certain amount of stability in its electoral system, so that candidates will know what district they can run (in)?” asked Wilkinson, who was nominated to the Richmond, Virginia, court by President Ronald Reagan. He also said such decisions should be determined in light of successes for Black electoral candidates in the state since passage of the U.S. Voting Rights Act in the 1960s.

But Elizabeth Theodore, the plaintiffs’ lawyer, said what her clients consider a clear violation of the Voting Rights Act can’t be ignored. The General Assembly broke up a politically cohesive unit known as the “Black Belt” region when it redrew the two northeastern districts.

“They literally take the Black Belt and they slice it down the middle. I mean, it’s really reprehensible,” Theodore said during online arguments. “You can’t trade off the rights of Black voters in these districts because of the possibility that a Black voter somewhere else in the state may have an opportunity to elect a candidate of choice.”

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Theodore’s clients have proposed remedial districts, one of which would have a Black voting age population of nearly 50% or slightly above it, depending on the counting method.

Wilkinson and Circuit Judge Allison Rushing, a nominee of President Donald Trump, sounded skeptical about findings from an expert that the plaintiffs used to build their case that Black voters would be unable to elected their preferred candidates under the new districts. Dever had expressed similar doubt.

Circuit Judge Roger Gregory pushed back against arguments offered by Phil Strach, an attorney for the GOP legislators, including that it was already too late in the 2024 election cycle to act.

A federal court is supposed to “protect statutes that are meant to help protect the rights many times of the dispossessed and those who are least able to protect themselves,” said Gregory, who was first appointed to the court by President Bill Clinton.

Strach responded: “And the court also has an obligation to protect voters from disruption and confusion.”

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Republicans currently hold 30 of the Senate’s 50 seats, the minimum required to override vetoes if the GOP caucus stays united. The two current senators representing the region are white Republicans. A ruling ultimately favoring the plaintiffs likely would ensure a Democrat winning one of the seats, which could help break that GOP veto-proof majority.

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Illegal immigrant arrested after showing up to Florida Border Patrol office for contract IT work

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Illegal immigrant arrested after showing up to Florida Border Patrol office for contract IT work

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FIRST ON FOX: An illegal immigrant who reported to a U.S. Border Patrol site in Florida to perform some Information technology contractual work was arrested when authorities were made aware of his citizenship status, officials said. 

Angel Camacho, a Venezuelan citizen, reported to a USBP center in Dania Beach, Florida, Jan. 6 to do some IT work when U.S. Customs and Border Protection (CBP) officials began vetting him, the Department of Homeland Security (DHS) told Fox News Digital. 

During its investigation, it was revealed Camacho was in violation of U.S. immigration laws, authorities said. 

Angel Camacho reported to a Florida U.S. Border Patrol center to perform contractual work when he was arrested, a Department of Homeland Security official said.  (Getty Images )

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“CBP vets all external visitors before allowing them to enter secure facilities to ensure safety and operational integrity,” DHS Deputy Assistant Secretary Lauren Bis said in a statement. 

“During the vetting process, CBP uncovered this individual was a tourist visa overstay in the country for over five years.”

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This photo shows a U.S. Border Patrol patch on a border agent’s uniform in McAllen, Texas, Jan. 15, 2019. (Suzanne CordeiroAFP via Getty Images)

Camacho was arrested and transferred to ICE custody, Bis said. 

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His criminal history includes theft and resisting a Florida Highway Patrol officer, officials said. Federal authorities have nabbed several illegal immigrants in the process of trying to obtain employment in law enforcement and education. 

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One Sierra Leone citizen was recently arrested as he was training to become a Pennsylvania corrections officer. 

Another illegal immigrant, Ian Roberts, served as the former superintendent of Iowa’s largest district, Des Moines Public Schools, before he was arrested by ICE. 

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High school teacher arrested in alleged sex case involving student

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High school teacher arrested in alleged sex case involving student

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A Georgia high school teacher was arrested Wednesday after allegations of inappropriate contact between a teacher and a minor student surfaced at Lee County High School.

Danielle Weaver, 29, of Leesburg, is charged with child molestation and improper sexual contact by an employee, agent or foster parent, according to the Georgia Bureau of Investigations (GBI).

Lee County High School requested the Leesburg Police Department investigate the allegations on Feb. 3, and the GBI was called to assist the following day.

Danielle Weaver, 29, of Leesburg, Ga., is charged with child molestation and improper sexual contact by an employee. (Lee County Sheriff’s Office)

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Investigators identified Weaver as the “subject,” and identified the victim as a student under 18 years old at Lee County High School, according to officials.

GBI agents continued the investigation along with the Leesburg Police Department, and arrest warrants were obtained for Weaver on Tuesday.

A Google Maps street view photo of Lee County High School in Leesburg, Ga. (Google Maps)

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Weaver turned herself in to the Lee County Sheriff’s Office on Wednesday, and was later released on bond, according to a report from WALB News.

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This investigation is active and ongoing, according to the GBI.

The incident allegedly happened at a high school in Georgia. (Jeffrey Greenberg/Universal Images Group via Getty Images)

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Once complete, the case file will be given to the Southwestern Judicial Circuit District Attorney’s Office for prosecution.

Leesburg is located in South Georgia, and is about an hour and a half north of Tallahassee, Florida.

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Lee County High School’s communications team did not immediately respond to Fox News Digital’s request for comment.

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Federal court clears way for Ten Commandments to be displayed in Louisiana public school classrooms

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Federal court clears way for Ten Commandments to be displayed in Louisiana public school classrooms

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A federal appeals court cleared the way Friday for a Louisiana law requiring the Ten Commandments to be displayed in public school classrooms, lifting a lower court block and reigniting debate over religion in public education.

The U.S. Court of Appeals for the Fifth Circuit voted 12-6 to lift a block first imposed in 2024, finding it was too early to determine the constitutionality of the law. Critics argue the requirement violates the separation of church and state, while supporters say the Ten Commandments are historical and foundational to U.S. law.

The court said in the majority opinion that it was unclear how schools would display the poster-sized materials, noting that the law allows additional content, like the Mayflower Compact or the Declaration of Independence, to appear alongside the Ten Commandments.

The majority wrote that there were not enough facts to “permit judicial judgment rather than speculation” when evaluating potential First Amendment concerns.

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A federal appeals court on Friday lifted a lower court block on Louisiana’s Ten Commandments classroom law, bringing the measure closer to taking effect. (John Bazemore/AP)

In a concurring opinion, Circuit Judge James Ho, who was appointed by President Donald Trump, wrote that the law was constitutional and “consistent with our founding traditions.”

“It is fully consistent with the Constitution, and what’s more, it reinforces our Founders’ firm belief that the children of America should be educated about the religious foundations and traditions of our country,” Ho said, adding that the law “affirms our Nation’s highest and most noble traditions.”

Circuit Judge James L. Dennis, an appointee of former President Bill Clinton, wrote in a dissenting opinion that displaying the Ten Commandments in classrooms would amount to “exposing children to government‑endorsed religion in a setting of compulsory attendance.”

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A federal appeals court ruling on Feb. 20 allows Louisiana’s Ten Commandments classroom mandate to proceed for now. (Jay Janner/Austin American-Statesman via Getty Images)

“That is precisely the kind of establishment the Framers anticipated and sought to prevent,” he added.

The ACLU of Louisiana and other groups representing the plaintiffs said they would pursue additional legal challenges to block the law.

“Today’s ruling is extremely disappointing and would unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district,” the groups wrote in a joint-statement. “Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights.”

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Louisiana Gov. Jeff Landry praised the appeals court decision on Feb. 20 allowing the Ten Commandments classroom law to move forward. (AP Photo/Mark Schiefelbein, file)

Republican Gov. Jeff Landry on Friday praised the court’s decision, writing on Facebook, “Common sense is making a comeback!”

Louisiana Attorney General Liz Murrill issued a statement following the ruling, saying schools “should follow the law.”

“Don’t kill or steal shouldn’t be controversial. My office has issued clear guidance to our public schools on how to comply with the law, and we have created multiple examples of posters demonstrating how it can be applied constitutionally,” she said.

Louisiana Attorney General Liz Murrill said schools should follow the Ten Commandments display law after a federal appeals court lifted a lower court block on Feb. 20. (Chris Graythen/Getty Images)

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Joseph Davis, an attorney representing Louisiana in the case, celebrated the court’s decision.

“If the ACLU had its way, every trace of religion would be scrubbed from the fabric of our public life,” he said in a statement. “That position is at odds with our nation’s traditions and our Constitution. We’re glad the Fifth Circuit has allowed Louisiana to display the Ten Commandments in its public school classrooms.”

Friday’s ruling came after the full court agreed to reconsider the case, months after a three-judge panel ruled the Louisiana law unconstitutional.

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A similar law in Arkansas faces a federal court challenge, while Texas implemented its own Ten Commandments classroom requirement last year.

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The Associated Press contributed to this report.

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