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The Latest Breaking News from the Fifth Circuit

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

Reason

Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act

Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.

Reason

No Pseudonymity in Lawsuit by Employees Alleging Sexual Harassment by Casino Magnate Steve Wynn

From Doe v. Wynn Resorts Ltd., decided Monday by Magistrate Judge Cam Ferenbach (D. Nev.): Plaintiff Judy Does work at the Wynn/Encore Salon, and they claim that their employer allowed Steve Wynn to sexually harass them. In their ninety-two page third amended complaint, the Judy Does bring claims against Wynn…

Reason

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‌U.S. Court Of Appeals Dismisses Lawsuit Challenging Anti-BDS Law‌

The Fifth Circuit rules in favor of Texas, highlighting lack of standing and unenforceable language in the provision.

Zenger

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

Reason

"'We Came Here to Exclude the Negro. Nothing Short of This Will Answer.'"

From Justice Jackson's opinion, joined by Justice Sotomayor, dissenting from the denial of certiorari today in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: "Let us tell the truth if it bursts the bottom of the Universe … We came here to exclude the…

Reason

S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders

The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February,…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fake Instagram accounts, offensive Facebook comments, and pro se parents.

Reason

Fifth Circuit Issues Administrative Stay Blocking District Court Decision Striking Down Obamacare Preventive Care Insurance Mandates

The stay is only temporary, and could be quickly lifted. But it's still a negative sign for the plaintiffs in the case.

Reason

Thank Clarence Thomas for gun madness

His Bruen gun rights decision is killing Americans every day

Salon

Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments

The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.

Reason

Senator Schumer's Letter to Chief Judge Godbey (NDTX)

If you don't do what I want, "Congress will consider more prescriptive requirements."

Reason

Second Circuit weighs in on CFPB funding structure

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

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Reason

How Will the Mifepristone Case Get Back to the Supreme Court?

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Reason

The Supreme Court's Mifepristone Stay

Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…

WEKU

Supreme Court blocks lower court decision in case on FDA approval of abortion pill

The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.

Reason

Reed v. Goertz, California v. Texas, and WWH v. Jackson

Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.

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Salon

A new abortion pill ruling is super bad

The 5th Circuit judges nodded approval of a 19th century federal law that was used to ban books and birth control

Reason

The Good and Bad of the Fifth Circuit's Abortion Pill Ruling

The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.

Reason

Unikowsky on the Fifth Circuit's Mifespristone Decision

Another essential post.

Reason

Louisiana Loses Social-Cost-of-Carbon Lawsuit in the Fifth Circuit (Again)

The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Disparaging scientists, disappearing warrants, and disgruntled lawyers.

Reason

Viewpoint-Based Removal of Books from Public Library Violated First Amendments, Holds District Court

From Little v. Llano County, decided yesterday by Judge Robert Pitman (W.D. Tex.): In early July 2021, prior to their appointment to the New Library Board, Defendants Rochelle Wells, Rhonda Schneider, Gay Baskin, and Bonnie Wallace were part of a community group pushing for the removal of children's books that…

Reason

Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Government

The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.

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