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The Latest Breaking News from Fifth Circuit

Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application

Another opinion exposing the Food and Drug Administration's vaping problem.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc?

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…

Reason

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David Lat on the Stanford Law School Disruption of Speech by Fifth Circuit Judge Kyle Duncan

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…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Speedy trials, political advertising, and horseracing.

Reason

Department of Justice v. Texas Judges

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

Reason

Judge James Ho's Revised Concurrence in the Second Amendment / Restraining Order Case

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…

Reason

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An Unusual Supreme Court Split in Bittner v. United States

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

Reason

Supreme Court to hear case that threatens existence of consumer protection agency

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.

WEKU

Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

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

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Justice Kagan Affirms En Banc Fifth Circuit

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…

Reason

Victims' Families File Petition in the Fifth Circuit Seeking to Enforce Rights in the Boeing Case

The families argue that they should have been given an opportunity to confer with prosecutors under the Crime Victims' Rights Act before Boeing's deferred prosecution agreement was finalized.

Reason

Judge O'Connor Rules that the Boeing 737 MAX Crashes Victims' Families Cannot Enforce Their Right to Confer with Prosecutors

While expressing great sympathy for the victims' families, Judge O'Connor concludes that no remedy is available for the Justice Department's failure to enforce the families' right to confer under the Crime Victims' Rights Act.

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dam removal, malicious prosecution, and pre-trial diversion.

Reason

Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools

The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.

Salon

"Terrifying" court let abusers keep guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling

The Texas Tribune

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

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Salon

"Originalism" will likely kill women

A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

Reason

Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals?

The Evarts Act of 1892 established the modern-day circuit courts of appeals.

Reason

Abortion and the 13th Amendment

Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

Reason

Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bogus arrests, bogus charges, and bogus seizures.

Ballotpedia

Fifth Circuit declines to apply Chevron deference in bump stock ruling

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.

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