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The Latest Breaking News from the Fifth Circuit

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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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.

Ballotpedia

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.

Reason

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

The Independent UK

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."

Reason

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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."

Reason

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Reason

Rahimi, Meenie, Miney, Mo

Will Garland v. Range be the way to go?

Reason

Second Amendment Roundup: "Do as I Say, Not as You Ruled"

Merrick Garland tells Supreme Court to apply his new, vague test, not Bruen decision.

Reason

New Article: The General Law Right to Bear Arms

with implications for the pending Supreme Court case of United States v. Rahimi

Reason

Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition

School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.

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Reason

Court Agrees to Hear Missouri v. Biden Federal Government / Social Media Case

From today's order and accompanying opinion in Murthy v. Missouri: The application for stay … is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana … as modified by the United States Court of Appeals for the Fifth…

Reason

Is the Fifth Circuit Becoming the New Ninth?

The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.

Reason

Defendant Attempting to Permanently Seal the Entire Record in a Pending "Revenge Porn" Case

From a memorandum supporting a motion to permanently seal the entire case in Doe v. Crawford (S.D. Miss.): Adopting the pseudonym "Jane Doe," Plaintiff filed this case against Defendant Crawford pursuant to 15 U.S.C. § 6851. She alleges Crawford engaged in "revenge porn" by transmitting a sexually intimate photograph of…

Reason

California Trial Court Allows First Amendment Claim Against L.A. Department of Public Health …

to go forward based partly on allegations that "DPH caused the suspension of [Alliance of Los Angeles County Parents'] Twitter Account."

Reason

Technology and Terror

Episode 475 of the Cyberlaw Podcast

Reason

My amicus brief in today's Fifth Circuit horseracing case

The Horseracing Integrity and Safety Authority has an Appointments Clause problem.

Reason

Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws

The laws require major social media platforms to host content they disapprove of for substantive reasons.

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