The Latest Breaking News from Fifth Circuit

Making Sense of the Moody Opinions In NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

Reason · Jul 15, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason · Jul 12, 2024

How an ideological war over PrEP threatens preventive services from smoking cessation to contraception to vaccines for half the U.S. population

More than 150 million Americans now have access to preventive services—and these are popular across the political spectrum.

Fortune · Jul 9, 2024

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason · Jul 2, 2024

S. Ct. Will Decide: May States Require Age Verification to Access Porn Sites?

The Court just agreed to hear this case, Free Speech Coalition v. Paxton. You can read the majority and dissenting opinions in the Fifth Circuit here, and the petition, response, and reply here. Here's the issue in a nutshell: 1. Ginsberg v. N.Y.(1968) held (in a majority opinion by Justice…

Reason · Jul 2, 2024

Social Media Moderation Is Speech, Says Supreme Court

The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.

Reason · Jul 1, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Overloaded fireworks, behavioral coaching, and makeshift pockets.

Reason · Jun 28, 2024

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason · Jun 28, 2024

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 · Jun 27, 2024

The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Reason · Jun 27, 2024