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The Latest Breaking News from the Fifth Circuit

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

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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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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.

Reason

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.

Texas Observer

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.

Ballotpedia

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.

Reason

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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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Reason

Fifth Circuit Rules that Victims' Families' Challenge to the Boeing Deferred Prosecution Agreement is "Premature"

The Fifth Circuit concludes that the violations of the Crime Victims Rights Act can provide grounds for refusing to dismiss the conspiracy charges against Boeing ... in later proceedings.

Reason

BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision

The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.

Reason

The Myth of the Federal Private Nondelegation Doctrine, Part 1

Serial-blogging my recent article in the Notre Dame Law Review

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Solar panels, bullet fragments, and private rights of action.

Reason

It's Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi

a contrary view to Josh's

Reason

Second Amendment Roundup: Judge Ho 2.0

If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

Reason

A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit

Courts are "not insensitive to domestic violence" but are "sensitive to the constitutional rights of the accused."

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