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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

SWAT damage, sloppy briefs, and forced confessions.

Reason

Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now

The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.

Reason

Court Orders Reinstatement of Untenured Professor Allegedly Non-Renewed for Speech About "the Palestinian Resistance"

From Robinson v. Damphousse, decided Wednesday by Judge Alan Albright (W.D. Tex.): Plaintiff Dr. Idris Robinson is a non-tenured, but… The post Court Orders Reinstatement of Untenured Professor Allegedly Non-Renewed for Speech About "the Palestinian Resistance" appeared first on Reason.com.

Reason

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What Do Bruen, Dobbs, and SFFA Have In Common?

The Supreme Court issued landmark rulings that were resisted by lower courts, and the Supreme Court refused to intervene.

Reason

Justice Alito Extends Administrative Stay of Mifepristone Order

The justices will consider what to do with the Fifth Circuit's mifepristone order for af ew more days

Reason

Justice Alito Enters Administrative Stay of Mifepristone Order

The Court responds to the mifepristone shadow docket filings.

Reason

Mifepristone Returns to the Shadow Docket

Drug makers seek interim relief after the U.S. Court of Appeals for the Fifth Circuit blocks FDA rule allowing mifepristone prescriptions via telemedicine. (With Update Below.)

Reason

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

Smart meters, bad metaphors, and the color of state law

Reason

Sixth Circuit Upholds Federal Law Banning Home Alcohol Distilleries, Creating a Circuit Split

The decision is at odds with a recent ruling by the Fifth Circuit.

Reason

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

ICE, AirPods, and the No Fly List

Reason

‘La Gordiloca’ Lost at the Supreme Court but Won in Laredo

The citizen-journalist and social media provocateur's case against local officials was thrown out in a decision that horrified First Amendment advocates. But, at home, observers say arresting her proved more trouble for the government than it was worth.

Texas Observer

Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.

Reason

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

Phony checks, a twinkling of an eye, and sparkling sports gambling.

Reason

A Fifth Circuit Bait-and-Switch to Ignore Crime Victims' Rights

In 2023 the Fifth Circuit denied the victims' families challenge to the illegally negotiated Boeing DPA as being "premature"--but today the Circuit denied the families' challenge as coming too late.

Reason

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Justice Sotomayor on the Freedom of the Press and the Right to Ask Questions

The Justice largely agrees with Fifth Circuit Judge James Ho's dissenting opinion below, but writes alone in dissenting from the Supreme Court's decision not to consider the case.

Reason

Justice Jackson Was Partly Mistaken About Mifepristone

The Biden Administration also announced a new COVID-era policy, halting the enforcement of the "initial in-person visit requirement."

Reason

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

Lies, damned lies, and statutes of limitations.

Reason

The Fifth Circuit and the Louisiana 10 Commandments Law

The en banc court pushes pause--for now

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Reason

SCOTUS Saves Staten Island

Will Callais come tomorrow?

Reason

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

An empty whiskey bottle, a rat in the crosshairs, and the nightmares of HR managers

Reason

Fifth Circuit to Hear Oral Argument on the Victims' Families' Challenge to the Dismissal of the Boeing Criminal Case

I hope to convince the Fifth Circuit to fully protect the families' rights under the Crime Victims' RIghts Act.

Reason

Second Amendment Roundup: 5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment

No historical analogues justify felon possession ban for drug conviction.

Reason

Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?

In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.

Reason

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.

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