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The Latest Breaking News from 5th Circuit

New Jersey's Bans on Commonly Owned Rifles and Magazines Are Unconstitutional, the 3rd Circuit Says

In a decision written by a Joe Biden nominee, the appeals court addresses a long-simmering issue that the Supreme Court will consider during its next term.

Reason

The 5th Circuit Says a Houston Cop Reasonably Killed 2 Innocent People Falsely Accused of Selling Heroin

The officer's avowed reasons for killing Dennis Tuttle and Rhogena Nicholas were contradicted by the physical evidence.

Reason

Medication abortion: Decisions from federal courts, the FDA or Trump’s Department of Justice could try to end access via telehealth

Roughly two-thirds of Americans end their pregnancies by taking two abortion medications – misoprostol and mifepristone. Because these safe, effective medications can be prescribed via telehealth, without an in-office visit, they are how most patients terminate pregnancies in states that ban abortion.

The Conversation

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Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment

The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.

Reason

Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.

Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.

Reason

What to know about the federal rule that Texans have used to mail in abortion pills

In 2023, the Food and Drug Administration started allowing mifepristone to be delivered by mail. The federal courts are deciding whether to pull that permission.

The Texas Tribune

Abortion Pill Access Reinstated By Supreme Court Emergency Order

The Supreme Court temporarily restored broad access to mifepristone, allowing the abortion pill to remain available nationwide while the justices consider an emergency appeal in a legal battle over medication abortion.

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How a Bill Banning AI Companions for Kids Could Usher in Widespread ID Checks Online

Plus: Supreme Court pauses ban on mail-order abortion pills, TikTok's artistic merit, a defense of pickup artists, and more...

Reason

Supreme Court to hear arguments over meaning of ‘Election Day’

The Supreme Court is set to hear arguments Monday over what the phrase “Election Day” means and whether states can accept ballots in federal elections that arrive after that date. Republicans challenged a Mississippi state law, passed amid the COVID-19 pandemic, that allows officials to count ballots that arrive up…

Roll Call

Civil Libertarians Left and Right Unite To Oppose Disarming Cannabis Consumers

A Supreme Court case illustrates the potential for trans-partisan alliances between critics of gun control and critics of the war on drugs.

Reason

The ACLU, Long Leery of the Second Amendment, Joins the NRA in Urging SCOTUS To Uphold Pot Users' Gun Rights

"We see this as an important civil liberties issue," says an ACLU lawyer.

Reason

The NRA and NORML Unite To Oppose the Federal Gun Ban for Marijuana Users

Drug policy reformers and Second Amendment advocates team up in a case before the Supreme Court.

Reason

Second Amendment Roundup: 5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment

No historical analogues justify felon possession ban for drug conviction.

Reason

Disarming Millions of Americans Simply Because They Use Marijuana Is Unconstitutional, a SCOTUS Brief Says

The Liberty Justice Center is urging the Supreme Court to uphold a 5th Circuit decision rejecting the claim that cannabis consumers have no Second Amendment rights.

Reason

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Reason

A Texas News Vlogger Asks SCOTUS To Decide Whether Criminalizing Journalism Is 'Obviously Unconstitutional'

This is Priscilla Villarreal’s second trip to the Supreme Court, which last year revived her First Amendment lawsuit.

The Texas Tribune

Abbott, Republican lawmakers’ comments cited in court order overturning Texas’ congressional gerrymander

Judge Jeffrey Brown pointed to comments from the governor and GOP legislators as the basis for his ruling that the new map can’t be used in 2026.

Roll Call

Supreme Court will hear case on post-Election Day ballot counting - Roll Call

The justices will likely hear arguments in the case and issue a decision by the end of the court’s term next June.

The Texas Tribune

How two Texas redistricting cases, 37 years apart, set the stage for the latest congressional redraw

The 5th Circuit last year overturned its previous ruling that allowed racial groups to band together to challenge voting maps, laying the groundwork for Texas’ mid-decade redistricting.

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Reason

SCOTUS Will Consider the Constitutionality of the Federal Ban on Gun Possession by Illegal Drug Users

The law applies to millions of Americans who pose no plausible threat to public safety, including cannabis consumers in states that have legalized marijuana.

Reason

Texas City Council Approves $500,000 Payment to Former Member Who Said Her Advocacy Led to a Bogus Arrest

The settlement, which followed Sylvia Gonzalez's victory at the Supreme Court, also includes remedial First Amendment training for city officials.

The Texas Tribune

Can Texas use its new congressional map for 2026? A trio of judges will decide.

The same plaintiffs who are challenging the state’s 2021 maps have asked the court to block the new GOP-approved districts from being used in the fast-approaching midterms.

Reason

The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act

The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."

The Texas Tribune

Texas’ proposed congressional map dismantles districts flagged by DOJ

The Department of Justice said four districts unconstitutionally combined Black and Hispanic voters, a charge the state disputes. If the proposed map passes, two will still be multiracial.

Reason

Why a Trump-Appointed Judge Is Torching His Own Court’s Qualified Immunity Logic—and the Government Abuse It Enables

Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.

Reason

Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'

The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.

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