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The Latest Breaking News from Fifth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Burning crosses, incurable violence, and filming in national parks.

Reason

The "Good Ship Fifth Circuit" Denies En Banc Review in Sambrano v. United Airlines

Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason

The Good, the Bad, and the Ugly of Jarkesy v. SEC

Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Presidential audits, political patronage, and mail inspections.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason

Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

So no one got qualified (or absolute) immunity this week. No kidding.

Reason

Should There Be a Cost-Benefit Exception to Miranda's Exclusionary Rule?

Judge Jones makes an interesting and compelling argument that in situations where it is debatable whether an officer followed Miranda, there is no good reason for suppressing an unwarned voluntary statement.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.

Reason

New SG Filing on "Universal Relief" Under the Administrative Procedure Act

The Solicitor General has filed an application for a stay with the U.S. Supreme Court. The requested stay would be of a judgment entered by the U.S. District Court for the Southern District of Texas, but the real showdown here is between the Fifth Circuit and the Sixth Circuit. Last…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

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Reason

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Reason

Equity Requires More Than a Dollar in Injury

Yesterday the Fifth Circuit held oral argument in an appeal of Judge Hanen's DACA decision. You can find a write-up of the oral argument by Mohar Chatterjee at Politico. One thing jumped out at me, and I will quote the relevant line from the Politico story (the transcript is not…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rare gems, neutral judges, and a blindsided referee.

Reason

State of the Fifth Circuit Address

A study of the Fifth Circuit's en banc decisions over the past four years.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Ballotpedia

The Checks and Balances Letter, June 2022: Fifth Circuit finds constitutional flaws in SEC enforcement

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

Ballotpedia

Federal appeals court allows ruling overturning Louisiana’s congressional boundaries to remain

On June 12, the United States Court of Appeals for the Fifth Circuit vacated an administrative stay it had issued on June 9 of a federal district court’s ruling that struck down Louisiana’s congressional district boundaries. The Fifth Circuit Court of Appeals also denied motions to stay the district court’s…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason

Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward

A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of…

Reason

"Texas should not be required to seek preclearance from the federal courts before its laws go into effect"

Well, at least from the U.S District Court for the Western District of Texas, Austin Division.

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