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The Latest Breaking News from the Fifth Circuit

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

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The Fifth Circuit and the Louisiana 10 Commandments Law

The en banc court pushes pause--for now

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

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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.

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

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

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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

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."

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The Texas Tribune

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.

Reason

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.

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.

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