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The Latest Breaking News from Andrew Oldham

Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.

Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.

Reason

Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds

From Students Engaged in Advancing Texas v. Paxton, decided yesterday by the Fifth Circuit (Judges Jerry Smith and Andrew Oldham):… The post Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds appeared first on Reason.com.

Reason

A Jury Approves Damages After 2 Texas Cops Snatched a Supposedly 'Abandoned' Girl From Her Home

The jurors concluded that the officers violated the Fourth and 14th amendments when they seized a 14-year-old without evidence that she was in danger.

Reason

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New In Civitas: Judge Andrew S. Oldham's Barbara K. Olson's Memorial Lecture

Yet another FedSoc debate or an existential challenge?

Reason

Fifth Circuit Will Rehear Alien Enemies Act Case En Banc

It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."

Reason

"We didn't find it difficult to write pop songs, but it was VERY difficult to write one for the Stones”: 60 years of The Last Time – the Stones’ big breakthrough

It was the group’s first self-penned Number One

MusicRadar

“Once we had done that, we were in the game”: 60 years of The Last Time – the Stones’ big breakthrough

It was the group’s first self-penned Number One

MusicRadar

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2 Trump Cases To Watch as the Supreme Court Returns From Summer Break

Plus: A momentous date in the life of Frederick Douglass

Reason

Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

Reason

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

US court blocks Trump bid to use Alien Enemies Act to deport Venezuelans

The Fifth Circuit Court is highest court so far to rule against Trump’s use of the law to deport Venezuelan migrants.

Al Jazeera

Conservative appeals court rips Trump for describing migrants as an invasion to justify mass deportations

Circuit court judges rule ‘no invasion or predatory incursion’ made by Tren de Aragua criminals to justify invocation of 18th century wartime law

The Independent UK

Trump is making plans to avoid an RBG situation on the Supreme Court, his next picks could be even more right-wing

President appointed three of the nine judges on the Supreme Court during his first term

The Independent UK

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

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Reason

Food and Drug Administration Defends Refusal To Approve Flavored E-Cigarettes Before the Supreme Court

The FDA’s regulations are burdensome and unnecessary to address the inflated high school vaping epidemic.

Reason

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.

The Independent UK

Appeals judges rule against fund used to provide phone services for rural and low-income people

A federal appeals court in New Orleans has ruled unconstitutional a method the Federal Communications Commission uses to fund telephone and broadband services for rural and low-income users

Reason

SCOTUS Will Decide Whether the FDA's 'Regulatory Switcheroos' on Vaping Were 'Arbitrary and Capricious'

The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.

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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

Fifth Circuit Rules Against Texas SB 4 Immigration Law

In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."

Roll Call

Appeals court extends hold on Texas deportation law - Roll Call

A federal appeals court late Tuesday night kept on hold a Texas law that would allow state officials to effectively deport immigrants.

The Texas Tribune

Disagreement and confusion on display in hearing over Texas’ new immigration law

The Fifth Circuit Court of Appeals heard arguments about whether to allow back into effect a law allowing state and local authorities to deport migrants.

Roll Call

Appeals court puts Texas state immigration law back on hold - Roll Call

A federal appeals court reinstated a pause on a Texas law that would allow state officials to effectively deport immigrants late Tuesday.

Reason

Supreme Court Will Hear This Texas Woman's Challenge to a Politically Motivated Arrest

Sylvia Gonzalez, an anti-establishment politician, spent a day in jail for allegedly concealing a petition that she organized.

The Texas Tribune

Part 2: Texas backlash to Obama fueled conservative drive to reinterpret U.S. Constitution

Barraging the Obama administration with lawsuits, the Texas attorney general’s office wasn’t just trying to block policies. It was injecting disruptive, overtly Christian legal philosophies into the mainstream, and grooming a generation of conservative legal warriors.

1 2

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