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The Latest Breaking News from Fifth Circuit

Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

I'm still trying to fully digest the Netchoice v. Paxton opinions (I've been slammed with several things the last few weeks, including an interesting and unexpected development which I hope to blog about in some detail next month). But for now, I thought I'd pass along two commentaries from top…

Reason

Why the Florida and Texas Social Media Laws Violate the Takings Clause

They mandate occupation of private property without the consent of the owner.

Reason

Fifth Circuit Rejects First Amendment Challenge to Texas Social Media Common Carrier Law

Just released, Netchoice v. Paxton; I'm traveling and likely won't have time to digest the 113 pages of opinions for a while, but here's the opening from Judge Andrew Oldham's opinion, which is a majority on most points: A Texas statute named House Bill 20 generally prohibits large social media…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Bar crawls, backyard riots, and impersonating an officer.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Torture, restraint chairs, public cavity searches, and the secret to eternal youth.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Burning crosses, incurable violence, and filming in national parks.

Reason

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The "Good Ship Fifth Circuit" Denies En Banc Review in Sambrano v. United Airlines

Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason

The Good, the Bad, and the Ugly of Jarkesy v. SEC

Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Presidential audits, political patronage, and mail inspections.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason

Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

So no one got qualified (or absolute) immunity this week. No kidding.

Reason

Should There Be a Cost-Benefit Exception to Miranda's Exclusionary Rule?

Judge Jones makes an interesting and compelling argument that in situations where it is debatable whether an officer followed Miranda, there is no good reason for suppressing an unwarned voluntary statement.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.

Reason

New SG Filing on "Universal Relief" Under the Administrative Procedure Act

The Solicitor General has filed an application for a stay with the U.S. Supreme Court. The requested stay would be of a judgment entered by the U.S. District Court for the Southern District of Texas, but the real showdown here is between the Fifth Circuit and the Sixth Circuit. Last…

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Reason

Equity Requires More Than a Dollar in Injury

Yesterday the Fifth Circuit held oral argument in an appeal of Judge Hanen's DACA decision. You can find a write-up of the oral argument by Mohar Chatterjee at Politico. One thing jumped out at me, and I will quote the relevant line from the Politico story (the transcript is not…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rare gems, neutral judges, and a blindsided referee.

Reason

State of the Fifth Circuit Address

A study of the Fifth Circuit's en banc decisions over the past four years.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Ballotpedia

The Checks and Balances Letter, June 2022: Fifth Circuit finds constitutional flaws in SEC enforcement

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.

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