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The Latest Breaking News from Fifth Circuit

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

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

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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

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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

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.

Reason

The CFPB's Funding Mechanism: Misguided But Constitutional

analysis from Professor Zach Price

Reason

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.

Tribune News Service

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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.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pretextual stops, consular nonreviewability, COVID on cruise ships.

Reason

FIRE Podcast on Free Speech and the Texas Social Media Law

The podcast is a debate between legal scholar Brad Smith and myself.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Padded cells, hidden cash, and official duties.

Reason

Subreddit Gets Users To Call Texas Gov. Greg Abbott a 'Little Piss Baby' To Defy Content Moderation Law

Reddit users are protesting Texas' H.B. 20, which forces social media platforms to host speech they find objectionable.

Reason

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads

Of possible relevance to the Fifth Circuit's recent decision in Netchoice v. Paxton.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

ATV noise, threat threats, and wasting judicial resources.

Reason

Another Commentary on the Fifth Circuit's Texas Social Media Law Decision

As I noted yesterday, I'm still trying to fully digest the Netchoice v. Paxton opinions, but I passed along two commentaries from top scholars on the subject, one entirely critical from Prof. Genevieve Lakier (Chicago) and one that's mostly critical from Prof. Alan Rozenshtein (Minnesota). I thought I'd also pass…

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