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The Latest Breaking News from Fifth Circuit

Fifth Circuit Grants En Banc Rehearing to Challenge to FDA Rejection of Vaping Products

Another potential legal setback for the FDA's attempt to regulate electronic cigarettes as tobacco products.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Florida riots, MAGA hats, and an eyeball tasing.

Reason

Jen Psaki Was "Apex" Official Who Should Generally Not Be Subject to a Deposition

This is in Missouri's and Louisiana's suit alleging various government officials "are infringing the First Amendment by coercing social media platforms to censor speech."

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Cicero, Bentham, Coke, and Kierkegaard.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Feather bans, tent curtilage, and youngsters and their sweets.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Reason

The Federal Government Can't Seem to Decide How the CFPB Is Funded

The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Reason

Checks and Balances November 2022

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

The Horseracing Case, Part 3: How Carter Coal Is Misunderstood

Despite a recent Fifth Circuit case, Carter v. Carter Coal Co. (1936) doesn't limit private delegations.

Reason

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

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

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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

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalking tires, curbing meters, and secretly recording videos.

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Reason

The CFPB's Funding Mechanism: Misguided But Constitutional

analysis from Professor Zach Price

Tribune News Service

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.

Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

Pretextual stops, consular nonreviewability, COVID on cruise ships.

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