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The Latest Breaking News from the Fifth Circuit

Some Texas Prisoners Allowed Only Four Hours of Sleep a Night, Lawsuit Says

The Fifth Circuit Court of Appeals sided with a man incarcerated at the Estelle Unit who has been suing over his sleep schedule for a decade.

Texas Observer

Fifth Circuit Rules Against Texas SB 4 Immigration Law

In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason

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Amicus Brief in United States v. Abbott Explains Why Texas is Wrong to Equate Illegal Migration and Drug Smuggling With "Invasion"

The state's position is at odds with the text and original meaning of the Constitution and would set a dangerous precedent if accepted by federal courts.

Reason

Solicitor General Takes Vaping to the Supreme Court

The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."

Reason

Appeals court pauses implementation of SEC climate rule

The U.S. Court of Appeals for the Fifth Circuit on March 15 temporarily blocked the implementation of the Securities and Exchange Commission’s (SEC’s) new rules on emissions data reporting while the court considers a lawsuit alleging the regulations exceed the SEC’s authority.

Ballotpedia

What to know about SB 4, the Texas immigration law in the courts now

The controversial new law would allow Texas law enforcement officers and judges to arrest and deport people in the country illegally, powers that have traditionally belonged to the federal government.

WEKU

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Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason

Who is responsible for the 5th Circuit's alleged "troubling habit of leaving 'administrative' stays in place for weeks if not months"?

The worst offender is not Jim Ho, but Carl Stewart.

Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason

Economy and Society, March 19, 2024: Appeals court pauses implementation of SEC climate rule

Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the environmental, social, and corporate governance (ESG) trends and events that characterize the growing intersection between business and politics.

Ballotpedia

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Reason

A Comment On The Judicial Conference's Policy From A Fifth Circuit Practitioner

I pass along this comment I received from a well-known attorney in Texas who clerked on both the federal District Court level and at the Fifth Circuit. I suspect this attorney's views are widely shared: The memo to the judiciary has now become available, but that does not address the…

Reason

FAQs re Murthy v. Missouri

Philip Hamburger on How to Understand this Free Speech Case

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Final decisions, accidental strip searches, and puppycide.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Jurisdictional bollards, standingripemootness, and a pretty good en banc grant.

Reason

No, Texas Has Not "Defied" The Supreme Court

Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better.

Texas Observer

The Judges Who Ruled Against La Gordiloca Are Criminalizing Watchdog Journalism

The Fifth Circuit Court of Appeals threw out a lawsuit by Laredo’s most famous citizen journalist, Priscilla Villarreal, aka La Gordiloca.

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Ballotpedia

SCOTUS hears oral argument in challenge to Chevron deference

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.

Reason

Fifth Circuit Grants En Banc Rehearing to Case Where Texas Claims Immigration and Drug Smuggling Qualify as "Invasion"

The court could potentially resolve the case without addressing the invasion arguments.

Reason

Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely

Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.

Ballotpedia

Robe & Gavel: SCOTUS begins first week of January 2024 sitting

Welcome to the Jan. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Reason

En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"

Another significant court loss for the Food & Drug Administration's arbitrary approach to regulating vaping products.

The Independent UK

Fifth Circuit allows Texas to deny emergency abortions

Department of Health and Human Services argued hospitals were required to perform emergency abortions to paitents under federal statue

Reason

The One Sentence From Arizona v. United States That You Need To Know For Texas's New Immigration Law (Updated)

"There is no need in this case to address whether reasonable suspicion of illegal entry or another immigration crime would be a legitimate basis for prolonging a detention, or whether this too would be preempted by federal law."

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