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The Latest Breaking News from Fifth Circuit

The Horseracing Case and How It Misunderstands Private Delegation

Despite a recent Fifth Circuit case, there is no private nondelegation doctrine.

Reason

Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity

A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Grains of sand, detachable pockets, and genuine obliviousness.

Reason

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Texas AG Needn't Testify in Case Alleging Texas Intends to Punish Participation in Out-of-State Abortions

The panel relies on, among other things, "the Apex doctrine."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pit bull bans, community sensitivity, and criminal defamation.

Reason

"Why Not the Right to Earn a Living?"

In today's Golden Glow Tanning Salon v. City of Columbus, the Fifth Circuit, in an opinion by Judge Edith Jones, joined by Judges James Ho and Cory Wilson, rejected an Equal Protection Clause and Takings Clause challenge to COVID lockdowns. This is a straightforward, and in my view a clearly…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wanted posters, vague and threatening letters, and dragging a 75-pound dummy.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Chalking tires, curbing meters, and secretly recording videos.

Reason

The CFPB's Funding Mechanism: Misguided But Constitutional

analysis from Professor Zach Price

Reason

Noah Feldman: Conservative attack on consumer protection wins an illogical victory

Conservatives have never liked the Consumer Financial Protection Bureau, the brainchild of Massachusetts Sen. Elizabeth Warren. Now a conservative panel of the conservative U.S. Court of Appeals for the Fifth Circuit has struck down the CFPB’s rulemaking authority using a novel theory.

Tribune News Service

Immanuel v. CNN: No Revival for Appeal Filed a Day Late

From the decision today by Judge Lee Rosenthal (see also this earlier post): Dr. Stella Immanuel sued CNN for defamation. The court dismissed her complaint with prejudice. Dr. Immanuel sought to appeal the dismissal, but she filed her notice of appeal a day after the 30-day deadline. Because that 30-day…

Reason

Eighth Circuit Affirms Dismissal of State Suit Against Social Cost of Carbon

Another appellate court recognizes that federal courts lack jurisdiction to consider legal challenges to the Biden Administration's Social Cost of Carbon estimates.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory pepper spray, excessive damages awards, and the power of the purse.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Hauling timber, planting drugs, and barring bologna.

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pretextual stops, consular nonreviewability, COVID on cruise ships.

Reason

FIRE Podcast on Free Speech and the Texas Social Media Law

The podcast is a debate between legal scholar Brad Smith and myself.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Padded cells, hidden cash, and official duties.

Reason

Subreddit Gets Users To Call Texas Gov. Greg Abbott a 'Little Piss Baby' To Defy Content Moderation Law

Reddit users are protesting Texas' H.B. 20, which forces social media platforms to host speech they find objectionable.

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Reason

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads

Of possible relevance to the Fifth Circuit's recent decision in Netchoice v. Paxton.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

ATV noise, threat threats, and wasting judicial resources.

Reason

Another Commentary on the Fifth Circuit's Texas Social Media Law Decision

As I noted yesterday, I'm still trying to fully digest the Netchoice v. Paxton opinions, but I passed along two commentaries from top scholars on the subject, one entirely critical from Prof. Genevieve Lakier (Chicago) and one that's mostly critical from Prof. Alan Rozenshtein (Minnesota). I thought I'd also pass…

Reason

Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

I'm still trying to fully digest the Netchoice v. Paxton opinions (I've been slammed with several things the last few weeks, including an interesting and unexpected development which I hope to blog about in some detail next month). But for now, I thought I'd pass along two commentaries from top…

Reason

Why the Florida and Texas Social Media Laws Violate the Takings Clause

They mandate occupation of private property without the consent of the owner.

Reason

Fifth Circuit Rejects First Amendment Challenge to Texas Social Media Common Carrier Law

Just released, Netchoice v. Paxton; I'm traveling and likely won't have time to digest the 113 pages of opinions for a while, but here's the opening from Judge Andrew Oldham's opinion, which is a majority on most points: A Texas statute named House Bill 20 generally prohibits large social media…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bar crawls, backyard riots, and impersonating an officer.

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