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The Latest Breaking News from the Fifth Circuit

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

Citizen flag poles, mega-appeals, and land acknowledgments.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

Second Amendment Roundup: Supreme Court to decide status of unlawful drug users.

ATF’s expansive regulation conflicts with U.S. position that only habitual users are disarmed.

Reason

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Journal of Free Speech Law: "Incitement, Enthusiasm, and the Dangers of Negligent Protest," by John Inazu

From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.

Reason

Some Thoughts On The Texas Gerrymandering Case

There is so much to say about LULAC v. Abbott, the recent gerrymandering case decided by a three judge panel… The post Some Thoughts On The Texas Gerrymandering Case appeared first on Reason.com.

Reason

Victims' Families Ask the Fifth Circuit to Overturn the Dismissal of the Criminal Case Against Boeing

My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.

Reason

The Alien Enemies Act and the Major Questions Doctrine

The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.

Reason

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The First Circuit Is Not A Denny's

According to the Attorney General, the First Circuit's clerk refused to "offer any means of filing" an emergency brief after 5:00 p.m.

Reason

Judge O'Connor Grants the Government's Motion to Dismiss the Conspiracy Charge Against Boeing …

... but does so reluctantly, calling the objections to the dismissal "compelling" and castigating the Justice Department for its failure "to secure the necessary accountability to ensure the safety of the flying public."

Reason

Federal appeals court will reconsider West Texas A&M drag show ban

The Fifth Circuit Court of Appeals on Monday tossed a three-judge panel's earlier ruling that found the ban violated students' free speech rights. The court's 17 judges will rehear the case.

The Texas Tribune

Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis

Judges would find the law, rather than mechanically following every word that appears in a published opinion.

Reason

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

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

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

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Texas Observer

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.

Reason

Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause

Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.

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

$725K Settlement in University of North Texas Academic Freedom Case

The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.

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Reason

SCOTUS Bends The Law In Yet Another Obamacare Case

Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.

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

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

We Got This Covered

Louisiana’s Ten Commandments mandate gets a swift ‘Thou shalt not’ from appeals court

How did this get so far?

Reason

MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas

"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"

Reason

The Supreme Court Unfairly Attacked A "Careful" District Court Judge Who Faithfully Discharged His Office Under Pressure

Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.

Reason

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

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