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The Latest Breaking News from Fifth Circuit

A Fifth Circuit Disgrantle in the Alien Enemies Act Case

Judge Southwick dissents from the grant of rehearing en banc, Judge Ho cites his Abbott concurrence on the Invasion Clause.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Doping horses, DEI trainings, and working on a Saturday

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason

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Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

Reason

Court ruling blocking Trump’s use of Alien Enemies Act hailed a ‘victory’

Fifth circuit says Alien Enemies Act can not justify removal of Venezuelans accused of gang ties in peacetime

The Guardian - US

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

A rescinded diploma, a brown seer stone, and a pointless waste of time.

Reason

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

Remote quorums, jetway robberies, and the beauty of our constitutional republic.

Reason

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Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason

Fifth Circuit: West Texas A&M Violated First Amendment by Blocking Student Group's Drag Show

The decision drew a sharp dissent. [UPDATE: The headline originally said Texas A & M, and has since been corrected to West Texas A & M; my apologies.]

Reason

No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher

From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:… The post No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher appeared first on Reason.com.

Reason

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

Cruise ships, sham interviews, and our nation's commitment to a government of laws.

Reason

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

Lethal pepper spray, soggy eggs, and high-end swimwear.

Reason

Rules of the Robe

A sharp-eyed retiree uncovered evidence of judicial misconduct by the chief judge of Houston’s busy bankruptcy court. The unusual story highlights how other complaints against judges go ignored.

Texas Observer

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

Longboat Key condos, protective sweeps, and wrong-door raids.

Reason

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Reason

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

Colorado River abstention, Wilton-Brillhart abstention, and sua sponte shenanigans.

Reason

Courts Can Check, and Have Checked, Executives' Military Judgment

Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.

Reason

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason

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

Federal enclaves, false alarms, and pseudonymous lawsuits.

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Reason

No Qualified Immunity for School District Police Officer Who Seized Home-Schooled 14-Year-Old from Home

The child, and her 12-year-old brother, were left under the supervision of a neighbor by the mother, who left town for six days for a foreign job interview.

Reason

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

Classroom commandments, the FBI's Most Wanted, and a phone book artifice.

Latin Times

Louisiana Law Requiring Public Schools to Display 10 Commandments 'Unconstitutional,' Appeals Court Rules

A federal court ruled Louisiana's law requiring the Ten Commandments be displayed in every public school classroom is unconstitutional.

Reason

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

Hapless lawyers, police auditors, and Welsh laws.

Reason

Restriction on Gun Possession Within 1000 Feet of School Constitutional, at Least When Possessor Is "Behaving Erratically and Menacingly"

The Fifth Circuit hands down a highly fact-specific decision in a Second Amendment challenge to a federal law.

Reason

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

Discretionary lawn care, Agent Orange, and banished from South Georgia.

Reason

Our Fifth Circuit Alien Enemies Act Amicus Brief

The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.

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