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The Latest Breaking News from the Fifth Circuit

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

Reason

More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit

For nearly four years, there was a never-ending drumbeat about how the Fifth Circuit was an existential threat to the… The post More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit appeared first on Reason.com.

Reason

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Fifth Circuit Panel Issues 24-Page Unpublished Opinion In Favor Of Planned Parenthood and Reverses Judge Kacsmaryk⁩

Is this opinion a "one and done" decision to evade en banc review?

Reason

Justice Gorsuch on the Right to Trial by Jury and Restitution

From Justice Gorsuch's dissent from denial of review today in Rimlawi v. U.S.: The Fifth Circuit held that a judge… The post Justice Gorsuch on the Right to Trial by Jury and Restitution appeared first on Reason.com.

Reason

Second Amendment Roundup: 5th Circuit Nixes Ban on Gun Sales to 18 to 20 Age Group

The original understanding in 1791, not that in 1868, governs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Troubled waters, a Declaration of War, and some batty paperwork.

Reason

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Prof. Robert Leider on the arguments in Barnes v. Felix

Professor Robert Leider, who writes in both constitutional law and criminal law, passed along these comments on the Supreme Court's… The post Prof. Robert Leider on the arguments in Barnes v. Felix appeared first on Reason.com.

Reason

Could ESG Funds be Removed from Your 401(k) Plan?

A pilot successfully sued American Airlines for including ESG factors in its 401(k) plan.

Kiplinger

Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

A mashgiach minister, a spicy habeas, and a Madlibs macro.

Reason

Court Rejects Copyright Lawsuit Over Ole Miss Coach's Use of Motivational Speaker's "Winning Isn't Normal" Passage

From Bell v. Kiffin, decided two weeks ago by Judge Michael Mills (N.D. Miss.): With any beneficial law, … there… The post Court Rejects Copyright Lawsuit Over Ole Miss Coach's Use of Motivational Speaker's "Winning Isn't Normal" Passage appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

Rolodexes, rabbit holes, and challenge coins.

Reason

Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile

Does a judge have an obligation to render a judgment to ensure that the court renders a judgment?

Reason

A Proposal To Create A New Article III Court of Immigration Review

"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."

Reason

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Reason

Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action?

From Justice Sotomayor's opinion today respecting denial of certiorari in Baker v. City of McKinney, joined by Justice Gorsuch: The… The post Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action? appeared first on Reason.com.

Reason

Supreme Court Grants Certiorari in Nondelegation Case

A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.

Reason

My Amicus Cert Petition in the Horseracing Case

I argue, on behalf of the Reason Foundation and the Goldwater Institute, that the Supreme Court should take up an Appointments Clause question.

Reason

Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

Pole cameras, hand grenades, and the debt limit apocalypse.

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Reason

Fourth Circuit Votes to Rehear Its Geofence Warrant Case

An update in United States v. Chatrie, with a thought on modern Fourth Amendment litigation.

International Business Times

Southwest Airlines Faces Lawsuit From Pilot Union After Federal Court Ruling

In the Monday ruling, the US Court of Appeals for the Fifth Circuit overturned a previous decision by a lower court that had dismissed Southwest Airlines Pilots Association's case.

Reason

DOJ Files Petition for Rehearing in the Fifth Circuit on Geofence Warrants

Filed this week in United States v. Smith.

Reason

Supreme Court to Tackle Who Can Sue Agencies Where and for What

With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dinosaur statutes, vote harvesting, and septic permits.

Reason

Three Thoughts on the Stay Denial in West Virginia v. EPA

Today the Supreme Court denied the application for a stay in West Virginia v. EPA, a challenge to an EPA rule… The post Three Thoughts on the Stay Denial in West Virginia v. EPA appeared first on Reason.com.

Salon

SCOTUS may "intervene" in 2024 election

"People are underestimating how messy this could get," expert says amid growing election-related litigation

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