The Latest Breaking News from Fifth Circuit

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

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…

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…

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

Some Fifth Circuit judges have trouble keeping separate church and state

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…

Some interesting comments at the Fifth Circuit Judicial Conference

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.

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…