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The Latest Breaking News from Fifth Circuit

Appeals court pauses implementation of SEC climate rule

The U.S. Court of Appeals for the Fifth Circuit on March 15 temporarily blocked the implementation of the Securities and Exchange Commission’s (SEC’s) new rules on emissions data reporting while the court considers a lawsuit alleging the regulations exceed the SEC’s authority.

Ballotpedia · Mar 22, 2024

What to know about SB 4, the Texas immigration law in the courts now

The controversial new law would allow Texas law enforcement officers and judges to arrest and deport people in the country illegally, powers that have traditionally belonged to the federal government.

WEKU · Mar 20, 2024

Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason · Mar 20, 2024

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Who is responsible for the 5th Circuit's alleged "troubling habit of leaving 'administrative' stays in place for weeks if not months"?

The worst offender is not Jim Ho, but Carl Stewart.

Reason · Mar 20, 2024

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason · Mar 19, 2024

Economy and Society, March 19, 2024: Appeals court pauses implementation of SEC climate rule

Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the environmental, social, and corporate governance (ESG) trends and events that characterize the growing intersection between business and politics.

Ballotpedia · Mar 19, 2024

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Reason · Mar 19, 2024

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A Comment On The Judicial Conference's Policy From A Fifth Circuit Practitioner

I pass along this comment I received from a well-known attorney in Texas who clerked on both the federal District Court level and at the Fifth Circuit. I suspect this attorney's views are widely shared: The memo to the judiciary has now become available, but that does not address the…

Reason · Mar 16, 2024

FAQs re Murthy v. Missouri

Philip Hamburger on How to Understand this Free Speech Case

Reason · Mar 14, 2024

The Judicial Conference Legislates From The Shadow Docket

The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.

Reason · Mar 13, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Odor ordinances, woke training, and legislator walkouts.

Reason · Mar 8, 2024

Revenge Porn Dispute Can't Be Completely Sealed

The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.

Reason · Mar 8, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

The wheels of justice, the administration of justice, and a disparaging racehorse.

Reason · Mar 1, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Final decisions, accidental strip searches, and puppycide.

Reason · Feb 23, 2024

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Reason · Feb 19, 2024

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads (Repost from 2022)

Reposting a thought I had after the Fifth Circuit's decision.

Reason · Feb 16, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Jurisdictional bollards, standingripemootness, and a pretty good en banc grant.

Reason · Feb 9, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizen Trump, political chalking, and rough business.

Reason · Feb 2, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.

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Reason · Jan 29, 2024

No, Texas Has Not "Defied" The Supreme Court

Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better.

Reason · Jan 26, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community.

Texas Observer · Jan 24, 2024

The Judges Who Ruled Against La Gordiloca Are Criminalizing Watchdog Journalism

The Fifth Circuit Court of Appeals threw out a lawsuit by Laredo’s most famous citizen journalist, Priscilla Villarreal, aka La Gordiloca.

Reason · Jan 19, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Instagram foxes, kosher Pickles, and maritime riches.

Ballotpedia · Jan 19, 2024

SCOTUS hears oral argument in challenge to Chevron deference

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.

Reason · Jan 17, 2024

Can the Government Say: If You Want to Sell Us These Products, You Must Answer Our Questions About Them?

No, said the Fifth Circuit, at least when the products were library books, and the questions were about whether the books included sexual content.

Reason · Jan 17, 2024

Fifth Circuit Grants En Banc Rehearing to Case Where Texas Claims Immigration and Drug Smuggling Qualify as "Invasion"

The court could potentially resolve the case without addressing the invasion arguments.

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