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The Latest Breaking News from Fifth Circuit

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

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

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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…

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

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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.

Reason

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.

Ballotpedia

Short Circuit: A Roundup of Recent Federal Court Decisions

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

Reason

Federal appeals court allows ruling overturning Louisiana’s congressional boundaries to remain

On June 12, the United States Court of Appeals for the Fifth Circuit vacated an administrative stay it had issued on June 9 of a federal district court’s ruling that struck down Louisiana’s congressional district boundaries. The Fifth Circuit Court of Appeals also denied motions to stay the district court’s…

Ballotpedia

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason

Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward

A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of…

Reason

"Texas should not be required to seek preclearance from the federal courts before its laws go into effect"

Well, at least from the U.S District Court for the Western District of Texas, Austin Division.

Reason

Extraordinary Relief and "Existing Law"

The Supreme Court has just vacated the Fifth Circuit's stay of a district court's preliminary injunction against HB20, Texas's new social media law by a 5-4 vote. Justice Alito (joined by Justices Gorsuch and Thomas) wrote a dissent. (Justice Kagan also noted that she would deny the stay, but did…

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Reason

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

Tribune News Service

Jonathan Bernstein: Republican judges don’t care for restraint

If you had any doubt that Republican objections to judicial activism would melt away if conservative judges gained the upper hand, Supreme Court Justice Samuel Alito and some of the judges on the U.S. Court of Appeals for the Fifth Circuit, in Texas, should put it to rest.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason

Bad Day in Court for the Administrative State

Fifth Circuit panel finds several constitutional problems with the Securities and Exchange Commission

Reason

Why the Texas Social Media Law is a Menace to Freedom of Speech

The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts..

Axios

Court opens way for flood of Texas "censorship" lawsuits

Texans are expected to start suing giants like Meta and YouTube over content moderation decisions they don't agree with.

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Ketanji Brown Jackson

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