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The Latest Breaking News from 5th Circuit

Pornhub suspends site in Texas due to state’s age-verification law

Legal experts say a 5th Circuit decision to uphold part of a Texas law regulating adult entertainment websites conflicts with U.S. Supreme Court precedent regarding minors’ access to obscene material online.

The Texas Tribune

5th Circuit upholds Texas law requiring minors to obtain parental consent for contraception

A three-judge panel in New Orleans ruled that a Texas law requiring minors to obtain parental consent to obtain birth control does not conflict with the goals of the federally-funded Title X program, which has given teens birth control confidentially.

The Texas Tribune

SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats

Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.

Reason

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The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional

The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.

Reason

Democratic Attorneys General Support Censorship

In an amicus brief filed in Murthy v. Missouri, they ignore basic tenets of First Amendment law in order to quash online speech they don't like.

Reason

5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk

Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.

Reason

What's at Stake in the Supreme Court's Abortion Pill Case

The Court announced today that it would take up a case involving access to the abortion-inducing drug mifepristone.

Reason

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US Supreme Court to decide on access to abortion pill in major case

The Biden administration aims to preserve access to the abortion pill mifepristone, which has been approved by the FDA.

Al Jazeera

Civil rights groups appeal court ruling that threatens Voting Rights Act enforcement

Civil rights groups are appealing a federal court ruling that could make it harder to enforce key voting protections for people of color under the Voting Rights Act.

WEKU

5th Circuit Seeks Comment on Proposed AI Rule

Lawyers will have to certify they did not use AI, or verify any work produced by AI.

Reason

Supreme Court casts doubt on agency enforcement actions without juries - Roll Call

The Supreme Court appeared ready Wednesday to disrupt the process federal agencies use to police federal law violations.

Roll Call

Ken Paxton names administrative law expert with conservative bona fides Texas’ solicitor general

Aaron Nielson will take a one-year leave of absence from BYU’s law school to lead the influential unit within the attorney general’s office.

The Texas Tribune

Supreme Court sounds ready to keep domestic violence gun possession ban - Roll Call

Most of the Supreme Court appeared ready Tuesday to uphold Congress' power to ban gun possession related to domestic violence orders.

Roll Call

U.S. Supreme Court hears Texas case about whether domestic violence suspects can be banned from having guns

The high court heard arguments in the case brought by Zackey Rahimi, who went on a shooting spree after being placed under a domestic violence protective order. Rahimi argues that his constitutional right to bear arms was violated.

The Texas Tribune

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Roll Call

Supreme Court to hear arguments in case that could limit Congress on gun control - Roll Call

The Supreme Court hears oral arguments Tuesday in a case that could limit the power of Congress to regulate gun possession nationwide.

Reason

SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment

The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.

Chicago Sun-Times

Lawsuit against Black Lives Matter leader endangers free speech rights

The U.S. Supreme Court should take the case of a Black Lives Matter leader in Louisiana who is being sued by a police officer who was injured in protests led by BLM.

Reason

Holding Protest Leaders Liable for Others' Violence Threatens First Amendment Rights

A lawsuit against a Black Lives Matter activist could have a chilling impact on constitutionally protected activity.

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WEKU

Supreme Court to consider abortion pills, guns, social media in its new term

In one form or another, all those questions are back on the table this term — mainly to take a second look at appeals from the Fifth Circuit Court of Appeals, which covers Texas and parts the South.

Roll Call

Supreme Court to hear arguments on funding for financial protection agency - Roll Call

The Biden administration wants justices to overturn a ruling that invalidated the Consumer Financial Protection Bureau's funding structure.

Roll Call

Supreme Court to weigh cases on guns, regulations and redistricting in new term - Roll Call

The Supreme Court starts a new term Monday with cases that will test how far the conservative majority could reshape the nation’s laws.

Reason

The 5th Circuit Agrees That Federal Officials Unconstitutionally 'Coerced' or 'Encouraged' Online Censorship

The appeals court narrowed a preliminary injunction against such meddling but confirmed the threat that it poses to freedom of speech.

Reason

Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says

The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.

Reason

'No Reasonable Officer' Would Have Arrested a Guy for a COVID-19 Joke, the 5th Circuit Says

The appeals court ruled that a Facebook post alluding to World War Z was clearly protected by the First Amendment.

Roll Call

Lawmakers urge Supreme Court to keep domestic violence gun law - Roll Call

Two groups of lawmakers urged the Supreme Court to reverse a decision that struck down a nearly 30-year-old gun control law.

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