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The Latest Breaking News from 5th Circuit

Supreme Court to hear arguments over meaning of ‘Election Day’

The Supreme Court is set to hear arguments Monday over what the phrase “Election Day” means and whether states can accept ballots in federal elections that arrive after that date. Republicans challenged a Mississippi state law, passed amid the COVID-19 pandemic, that allows officials to count ballots that arrive up…

Roll Call

Civil Libertarians Left and Right Unite To Oppose Disarming Cannabis Consumers

A Supreme Court case illustrates the potential for trans-partisan alliances between critics of gun control and critics of the war on drugs.

Reason

The ACLU, Long Leery of the Second Amendment, Joins the NRA in Urging SCOTUS To Uphold Pot Users' Gun Rights

"We see this as an important civil liberties issue," says an ACLU lawyer.

Reason

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The NRA and NORML Unite To Oppose the Federal Gun Ban for Marijuana Users

Drug policy reformers and Second Amendment advocates team up in a case before the Supreme Court.

Reason

Second Amendment Roundup: 5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment

No historical analogues justify felon possession ban for drug conviction.

Reason

Disarming Millions of Americans Simply Because They Use Marijuana Is Unconstitutional, a SCOTUS Brief Says

The Liberty Justice Center is urging the Supreme Court to uphold a 5th Circuit decision rejecting the claim that cannabis consumers have no Second Amendment rights.

Reason

A Texas News Vlogger Asks SCOTUS To Decide Whether Criminalizing Journalism Is 'Obviously Unconstitutional'

This is Priscilla Villarreal’s second trip to the Supreme Court, which last year revived her First Amendment lawsuit.

Reason

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Abbott, Republican lawmakers’ comments cited in court order overturning Texas’ congressional gerrymander

Judge Jeffrey Brown pointed to comments from the governor and GOP legislators as the basis for his ruling that the new map can’t be used in 2026.

The Texas Tribune

Supreme Court will hear case on post-Election Day ballot counting - Roll Call

The justices will likely hear arguments in the case and issue a decision by the end of the court’s term next June.

Roll Call

How two Texas redistricting cases, 37 years apart, set the stage for the latest congressional redraw

The 5th Circuit last year overturned its previous ruling that allowed racial groups to band together to challenge voting maps, laying the groundwork for Texas’ mid-decade redistricting.

The Texas Tribune

SCOTUS Will Consider the Constitutionality of the Federal Ban on Gun Possession by Illegal Drug Users

The law applies to millions of Americans who pose no plausible threat to public safety, including cannabis consumers in states that have legalized marijuana.

Reason

Texas City Council Approves $500,000 Payment to Former Member Who Said Her Advocacy Led to a Bogus Arrest

The settlement, which followed Sylvia Gonzalez's victory at the Supreme Court, also includes remedial First Amendment training for city officials.

Reason

Can Texas use its new congressional map for 2026? A trio of judges will decide.

The same plaintiffs who are challenging the state’s 2021 maps have asked the court to block the new GOP-approved districts from being used in the fast-approaching midterms.

The Texas Tribune

The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act

The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."

Reason

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The Texas Tribune

Texas’ proposed congressional map dismantles districts flagged by DOJ

The Department of Justice said four districts unconstitutionally combined Black and Hispanic voters, a charge the state disputes. If the proposed map passes, two will still be multiracial.

Reason

Why a Trump-Appointed Judge Is Torching His Own Court’s Qualified Immunity Logic—and the Government Abuse It Enables

Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.

Reason

Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'

The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.

Reason

The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment

Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.

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Reason

The Supreme Court Unanimously Rejects a 'Very Narrow Approach' to Deadly Force by Police

The decision revives a lawsuit against a Texas officer who shot a driver after endangering himself by jumping onto a moving car.

Reason

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason

The Supreme Court Blesses the FDA's Rejection of Flavored Nicotine Vapes

The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."

Roll Call

Supreme Court to weigh congressional power to delegate - Roll Call

The Supreme Court hears arguments Wednesday in cases over how much power Congress can give to executive agencies.

Reason

The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional

The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."

Roll Call

Supreme Court to hear arguments on porn age verification law - Roll Call

The Supreme Court will hear oral arguments Wednesday on a Texas law that requires pornography websites to verify the ages of their visitors.

Reason

5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional

Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.

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