The Latest Breaking News from Fifth Circuit

Herring monitors, state-created dangers, and kicking out the jams.

The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…

David Lat's Original Jurisdiction newsletter has, as usual, excellent and detailed coverage. I started quoting but then realized that I couldn't excerpt it and still do the matter justice; and quoting the whole thing would be unfair to Lat as an author. I therefore very much encourage you to read…

Speedy trials, political advertising, and horseracing.

Does DOJ actually agree with "a couple of law professors beating a drum on Twitter"?

Yesterday, the Fifth Circuit released an updated version of its opinion in U.S. v. Rahimi, which held that people can't be disarmed just based on a civil restraining order. The changes to the majority are comparatively minor, but Judge Ho used the release of the new opinion as an occasion…

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

At issue is how the CFPB is funded: It gets its money from the Federal Reserve, which in turn is funded by bank fees, and not through congressional appropriations.

Kagan: "Kavanaugh, J. (recognizing that the argument may be forfeited, but opining on it anyway)."

Boisterous school children, suspicious mispronunciations, and convicted misdemeanant Don Blankenship.

On Wednesday, the Supreme Court decided Helix Energy Solutions Group, Inc. v. Hewitt. The facts of the case are straightforward enough: does a "tool-pusher" who makes more than $200,000 per year, while working on an offshore oil rig, qualify for overtime pay? The law is, admittedly, complex. There is an…