The Latest Breaking News from Fifth Circuit

The Ignored Aesthetic Standing Argument In FDA v. Alliance for Hippocratic Medicine

The fauna that did not bark, the flora that did not bloom.

Reason · Jun 14, 2024

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason · Jun 13, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason · Jun 7, 2024

Louisiana SG Seeks Initial En Banc in 5th Circuit On Whether Section 2 of VRA Has Implied Private Right of Action

"Appellants thus seek to advance judicial economy—as this Court has done—through 'initial en banc hearing … without requiring the matter to percolate uselessly through a panel.'"

Reason · May 16, 2024

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason · May 10, 2024

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Reason · May 10, 2024

Small-Town Politics, National Consequences

A power struggle in the suburban enclave of Castle Hills got so bad that the Supreme Court is being asked to clarify the definition of retaliatory arrests.

Texas Observer · May 6, 2024

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 · May 4, 2024

Supreme Court Won't Stop Texas Porn Law From Taking Effect

"We will continue to fight for the right to access the internet without intrusive government oversight," says the group challenging the law.

Reason · May 1, 2024

Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"

The ruling builds on the same court's two prior decisions to the same effect.

Reason · Apr 28, 2024