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The Latest Breaking News from Andrew Oldham

Trump is making plans to avoid an RBG situation on the Supreme Court, his next picks could be even more right-wing

President appointed three of the nine judges on the Supreme Court during his first term

The Independent UK

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.

Reason

Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court

The FDA’s regulations are burdensome and unnecessary to address the inflated high school vaping epidemic.

Reason

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En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"

The invasion argument is still being litigated in another case.

Reason

Appeals judges rule against fund used to provide phone services for rural and low-income people

A federal appeals court in New Orleans has ruled unconstitutional a method the Federal Communications Commission uses to fund telephone and broadband services for rural and low-income users

The Independent UK

SCOTUS Will Decide Whether the FDA's 'Regulatory Switcheroos' on Vaping Were 'Arbitrary and Capricious'

The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.

Reason

Interesting Fifth Circuit Denial of Qualified Immunity to Police Officers

From Hughes v. Few, decided yesterday by Judge Andrew Oldham, joined by Judges E. Grady Jolly and Kurt Engelhardt; for the details, read the opinion itself: For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up. Austin Thompson Hughes is a Good Samaritan. After 2:30…

Reason

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Fifth Circuit Rules Against Texas SB 4 Immigration Law

In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."

Reason

Appeals court extends hold on Texas deportation law - Roll Call

A federal appeals court late Tuesday night kept on hold a Texas law that would allow state officials to effectively deport immigrants.

Roll Call

Disagreement and confusion on display in hearing over Texas’ new immigration law

The Fifth Circuit Court of Appeals heard arguments about whether to allow back into effect a law allowing state and local authorities to deport migrants.

The Texas Tribune

Appeals court puts Texas state immigration law back on hold - Roll Call

A federal appeals court reinstated a pause on a Texas law that would allow state officials to effectively deport immigrants late Tuesday.

Roll Call

Supreme Court Will Hear This Texas Woman's Challenge to a Politically Motivated Arrest

Sylvia Gonzalez, an anti-establishment politician, spent a day in jail for allegedly concealing a petition that she organized.

Reason

Part 2: Texas backlash to Obama fueled conservative drive to reinterpret U.S. Constitution

Barraging the Obama administration with lawsuits, the Texas attorney general’s office wasn’t just trying to block policies. It was injecting disruptive, overtly Christian legal philosophies into the mainstream, and grooming a generation of conservative legal warriors.

The Texas Tribune

Court blocks COVID-19 vaccine mandate for US gov't workers

A federal appeals court has blocked President Joe Biden’s order that federal employees get vaccinated against COVID-19

The Independent UK

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Los Angeles Times

Supreme Court for first time casts doubt on Section 230, the legal shield for Big Tech

WASHINGTON — Internet giants like Google, Facebook, YouTube and Twitter owe much of their success to a legal shield erected by Congress in 1996.

Chicago Sun-Times

The government can’t fix social media moderation — and shouldn’t try

By trying to mandate a diversity of opinions, the government could achieve the opposite result.

Reason

The Government Can't Fix Social Media Moderation and Should Not Try

Democrats and Republicans both demand solutions that are inconsistent with the First Amendment.

Reason

Fifth Circuit Rejects First Amendment Challenge to Texas Social Media Common Carrier Law

Just released, Netchoice v. Paxton; I'm traveling and likely won't have time to digest the 113 pages of opinions for a while, but here's the opening from Judge Andrew Oldham's opinion, which is a majority on most points: A Texas statute named House Bill 20 generally prohibits large social media…

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The Independent UK

Appeals court upholds Texas block on school mask mandates

A divided federal appeals court panel is backing Republican Texas Gov. Greg Abbott's executive order that forbids school districts from imposing mask mandates on schools to prevent the spread of COVID-19

People

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