The Latest Breaking News from Fifth Circuit

Retaliatory investigations, reckless investigating, and a consultant's duty.

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Yesterday the Fifth Circuit held oral argument in an appeal of Judge Hanen's DACA decision. You can find a write-up of the oral argument by Mohar Chatterjee at Politico. One thing jumped out at me, and I will quote the relevant line from the Politico story (the transcript is not…

Rare gems, neutral judges, and a blindsided referee.

A study of the Fifth Circuit's en banc decisions over the past four years.

Boycotts, open fields, and a weekend in jail.

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.

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

On June 12, the United States Court of Appeals for the Fifth Circuit vacated an administrative stay it had issued on June 9 of a federal district court’s ruling that struck down Louisiana’s congressional district boundaries. The Fifth Circuit Court of Appeals also denied motions to stay the district court’s…

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of…