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The Latest Breaking News from Fifth Circuit

Fifth Circuit Rejects Energy Department Direct-to-Final Rule on Home Appliances

While the decision rejects a Biden Administration rule, it could cause trouble for the Trump Administration's efforts to avoid notice-and-comment rulemaking too.

Reason

Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case?

There may have been some wisdom in letting the red states post the document on the wall, but leaving old precedents in place.

Reason

Bloodright Citizenship (Citizenship by Descent): Who Decides?

An excerpt from Friday's concurrence in Guerra Quezada v. U.S., by Fifth Circuit Judge James Ho: The Constitution vests Congress—not… The post Bloodright Citizenship (Citizenship by Descent): Who Decides? appeared first on Reason.com.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Hunting ICE, unremarkable arson, and lewdness at the Founding.

Reason

Appeals Court Strikes Down Parts of the Formula That Sets What Insurers Owe for Out-of-Network Emergency Care

The Fifth Circuit vacated parts of the No Surprises Act payment formula, ruling insurers wrongly used rates for services never performed.

Medical Daily

En Banc Fifth Circuit Dismisses Alien Enemies Act Case as Moot

The ruling does not address whether Trump properly invoked the Act.

Reason

Fifth Circuit Allows 2021 Texas Election Integrity Law To Finally Go Into Effect

"In short, we have been playing an exhausting game of Whac-A-Mole to correct the district court’s mishandling of this case."

Reason

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Fifth Circuit Judges' Cert. Petition in Deray Mckesson Black Lives Matter Protest Liability Case

From Fifth Circuit Judge Don Willett, joined by Judges Carl Stewart, James Graves, Stephen Higginson, Dana Douglas, and Irma Carrillo… The post Fifth Circuit Judges' Cert. Petition in Deray Mckesson Black Lives Matter Protest Liability Case appeared first on Reason.com.

Reason

§ 230 Preempts Texas Mandates on Social Media Platforms, Fifth Circuit Holds by 2-1 Vote

An excerpt from the long opinion in Computer & Comm. Industry Ass'n v. Paxton, decided Friday by Fifth Circuit Judges… The post § 230 Preempts Texas Mandates on Social Media Platforms, Fifth Circuit Holds by 2-1 Vote appeared first on Reason.com.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Financial surveillance, impaired contracts, and games of gotcha.

Reason

Federal Judge in Texas Not Wild About Fifth Circuit's Recent Precedent

"[T]he Fifth Circuit ... discerned that pedanticism ought to be favored over practical wisdom."

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Armed canvassers, extrajudicial killings, and guns on the metro.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Soccer hooligans, sticky fingers at the FBI, and juries for the HHS.

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

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Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Righteous gaolers, crooked feds, and interlocutory appeals.

Reason

Second Amendment Roundup: No Protection for Heroin Trafficker

Fifth Circuit reaffirms Rahimi’s “dangerousness” standard in § 922(a)(1) case

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Bleak House, wellness checks, and forfeiture interrogatories.

Reason

Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds

From Students Engaged in Advancing Texas v. Paxton, decided yesterday by the Fifth Circuit (Judges Jerry Smith and Andrew Oldham):… The post Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds appeared first on Reason.com.

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Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

SWAT damage, sloppy briefs, and forced confessions.

Reason

Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now

The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.

Reason

Justice Alito Extends Administrative Stay of Mifepristone Order

The justices will consider what to do with the Fifth Circuit's mifepristone order for af ew more days

Reason

The Mifepristone Briefs Are In, But One Dog Did Not (Yet) Bark

It appears the Supreme Court will decide the fate of telemedicine prescriptions for mifepristone without the benefit of an FDA filing.

Reason

Justice Alito Enters Administrative Stay of Mifepristone Order

The Court responds to the mifepristone shadow docket filings.

Reason

Mifepristone Returns to the Shadow Docket

Drug makers seek interim relief after the U.S. Court of Appeals for the Fifth Circuit blocks FDA rule allowing mifepristone prescriptions via telemedicine. (With Update Below.)

Reason

Sixth Circuit Upholds Federal Law Banning Home Alcohol Distilleries, Creating a Circuit Split

The decision is at odds with a recent ruling by the Fifth Circuit.

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