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The Latest Breaking News from Fifth Circuit

Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)

A RFRA defense to Title VII and a new Appointments Clause challenge.

Reason

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

Reason

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason

Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"

From today's decision in Carter v. Southwest Airlines, Inc. (consolidated with Carter v. Local 556, Transport Workers Union of Am.), decided today by Judge Edith Brown Clement, Kurt Engelhardt, and Cory Wilson (for my earlier post on the case, see here): On August 7, 2023, the district court held Southwest…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Reason

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Salon

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Reason

Small-Town Politics, National Consequences

A power struggle in the suburban enclave of Castle Hills got so bad that the Supreme Court is being asked to clarify the definition of retaliatory arrests.

Texas Observer

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

Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"

The ruling builds on the same court's two prior decisions to the same effect.

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bird poop, non-testimonial thumbs, and the heckler's veto.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighborhood character, three-judge district court panels, and a moldy office.

Reason

Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways

A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.

Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Student loan forgiveness, critical infrastructure, and inexcusable incompetence.

Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason

Solicitor General Takes Vaping to the Supreme Court

The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."

Reason

Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

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