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The Latest Breaking News from Fifth Circuit

Sixth Circuit Upholds Federal Law Banning Home Alcohol Distilleries, Creating a Circuit Split

The decision is at odds with a recent ruling by the Fifth Circuit.

Reason

A Narrow Resolution on Geofence Warrants?: A Thought on Chatrie

The first in a series.

Reason

Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Brotherly crooks, dueling bourbons, and a law from 1785.

Reason

"What Does It Mean To Be A Christian On The Bench?"

"A Conversation with Matthew J. Kacsmaryk and James C. Ho"

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Permissible ingredients, mandatory detention, and burrowing mites.

Reason

Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment

In U.S. v. Williamson, Fifth Circuit Judges Jacques Wiener, Don Willett, and Cory Wilson followed Fifth Circuit precedent in holding… The post Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment appeared first on Reason.com.

Reason

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Justice Sotomayor on the Freedom of the Press and the Right to Ask Questions

The Justice largely agrees with Fifth Circuit Judge James Ho's dissenting opinion below, but writes alone in dissenting from the Supreme Court's decision not to consider the case.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Civil unrest, true threats, and South Carolina receptions.

Reason

The Fifth Circuit and the Louisiana 10 Commandments Law

The en banc court pushes pause--for now

Reason

Interesting Dissent in American Indian Religious Case Under Texas RFRA

From a dissent from rehearing en banc Friday in Perez v. City of San Antonio, by Fifth Circuit Judge Andrew… The post Interesting Dissent in American Indian Religious Case Under Texas RFRA appeared first on Reason.com.

Reason

Unripe Septics, Unripe Commandments, and Technological Advances

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Shooting in a car, discrimination in the air, and injuries at sea.

Reason

Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking

From La Union del Pueblo Entero v. Abbott, decided today by Judge Edith Jones, joined by Judge Kurt Engelhardt and… The post Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking appeared first on Reason.com.

Reason

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Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?

In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Citizen flag poles, mega-appeals, and land acknowledgments.

Reason

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Horseracing integrity, beneficial owners, and bills of attainder.

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Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Forbidden vehicle pursuits, forbidden hand-washing pics, and Epic injunctions.

Reason

No Injunction Against Prosecution for Taking Photo of Transgender Politician Washing Hands in Women's Restroom

So holds a Fifth Circuit panel, over a dissent. Note that part of the majority's rationale is that the photo would only violate the statute if the prosecution can show that defendant intended to invade privacy in a way "highly offensive to a reasonable person of ordinary sensibilities."

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Lobstermen surveillance, semiquincentennial squabbling, and socking it to the Scotch Tape People.

Reason

Victims' Families Ask the Fifth Circuit to Overturn the Dismissal of the Criminal Case Against Boeing

My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.

Reason

Our Amicus Brief in W.M.M. v. Trump - En Banc Fifth Circuit Alien Enemies Act Case

I coauthored the brief on behalf of the the Cato Institute, the Brennan Center for Justice, legal scholars Geoffrey Corn and John Dehn, and myself.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Non-condensing furnaces, drag shows, and master accounts.

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