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The Latest Breaking News from Fifth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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…

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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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…

"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.

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…

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."

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Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

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.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Bad Day in Court for the Administrative State

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

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

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..

Court opens way for flood of Texas "censorship" lawsuits

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.

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

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Fifth Circuit Panel Lifts Stay of the Texas Social Media Law

There's no opinion yet, and I don't know when one would be forthcoming, so it's hard to figure out what exactly will happen; but I thought I'd pass along the news. The law itself is here. https://twitter.com/RMFifthCircuit/status/1524488034657484800

Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

Justice Alito Sends Recorded Video Message To Fifth Circuit Judicial Conference

"Unfortunately personal attendance became impractical, and I apologize for everyone for the change in plans."

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighbors from hell, unvaccinated prison staff, and unconscionable sentences.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Negligent investigation, racketeering, and gambling in Vegas.

Will the Supreme Court Consider the Social Cost of Carbon?

Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.

Short Circuit: A Roundup of Recent Federal Court Decisions

Heat waves, raucous parties, and cemetery discretion.

Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

Three mandatory bar association dues cases on SCOTUS’ April 1 conference list

The Supreme Court has 122 cases up for consideration during today’s conference, including three challenges to mandatory state bar association dues. Here’s a rundown of each of those cases. To follow along, keep an eye out for the order list to be posted here on Monday.

South Texas College of Law SCOTUS Clinic Bests Yale Law School SCOTUS Clinic

In Houston Community College v. Wilson, Justice Gorsuch's unanimous decision faulted respondent for failing to file a cross petition.

Supreme Court Issues Stay, Favoring Navy, in Navy Seals COVID Vaccination Religious Exemption Case

In today's Austin v. U.S. Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of…

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