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The Latest Breaking News from Fifth Circuit

En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"

The invasion argument is still being litigated in another case.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Amateur sports, geofence warrants, and a Saudi kill squad.

Reason

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read the most diverse news in one place.

Short Circuit: A Roundup of Recent Federal Court Decisions

Controversial memes, mandatory recusal, and punitive damages caps.

Reason

Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media

And the Supreme Court agrees to weigh in.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overloaded fireworks, behavioral coaching, and makeshift pockets.

Reason

Court ruling suggests recent activity in federal investigation of Ken Paxton

Records don’t name the attorney general’s office, but their details line up with the accusations former top deputies made against Paxton.

The Texas Tribune

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SCOTUS helps GOP frame "deranged" cases

Conservative justices are dropping "hints" for conservative legal activists going forward

Salon

Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)

A RFRA defense to Title VII and a new Appointments Clause challenge.

Reason

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

Reason

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason

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Reason

Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"

From today's decision in Carter v. Southwest Airlines, Inc. (consolidated with Carter v. Local 556, Transport Workers Union of Am.), decided today by Judge Edith Brown Clement, Kurt Engelhardt, and Cory Wilson (for my earlier post on the case, see here): On August 7, 2023, the district court held Southwest…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Salon

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Reason

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

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Reason

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Texas Observer

Small-Town Politics, National Consequences

A power struggle in the suburban enclave of Castle Hills got so bad that the Supreme Court is being asked to clarify the definition of retaliatory arrests.

Reason

Interesting Fifth Circuit Denial of Qualified Immunity to Police Officers

From Hughes v. Few, decided yesterday by Judge Andrew Oldham, joined by Judges E. Grady Jolly and Kurt Engelhardt; for the details, read the opinion itself: For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up. Austin Thompson Hughes is a Good Samaritan. After 2:30…

Reason

Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"

The ruling builds on the same court's two prior decisions to the same effect.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bird poop, non-testimonial thumbs, and the heckler's veto.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighborhood character, three-judge district court panels, and a moldy office.

Reason

Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways

A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.

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