Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals? The Evarts Act of 1892 established the modern-day circuit courts of appeals. Reason · Feb 7, 2023
Abortion and the 13th Amendment Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent. Reason · Feb 7, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Alaskan Natives, Alaska Airlines, and Alaskan students. Reason · Feb 3, 2023
Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one… Reason · Feb 3, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Bogus arrests, bogus charges, and bogus seizures. Reason · Jan 27, 2023
Fifth Circuit declines to apply Chevron deference in bump stock ruling 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 · Jan 26, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Sex trafficking, child-pornography solicitation, and FERC. Reason · Jan 20, 2023
Fifth Circuit Grants En Banc Rehearing to Challenge to FDA Rejection of Vaping Products Another potential legal setback for the FDA's attempt to regulate electronic cigarettes as tobacco products. Reason · Jan 20, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Florida riots, MAGA hats, and an eyeball tasing. Reason · Jan 13, 2023
Jen Psaki Was "Apex" Official Who Should Generally Not Be Subject to a Deposition This is in Missouri's and Louisiana's suit alleging various government officials "are infringing the First Amendment by coercing social media platforms to censor speech." Reason · Jan 7, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Cicero, Bentham, Coke, and Kierkegaard. Reason · Dec 23, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Feather bans, tent curtilage, and youngsters and their sweets. Reason · Dec 16, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution. Reason · Dec 9, 2022
The Federal Government Can't Seem to Decide How the CFPB Is Funded The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past. Reason · Dec 6, 2022
Reason · Nov 25, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.
Ballotpedia · Nov 23, 2022 Checks and Balances November 2022 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 · Nov 23, 2022 The Horseracing Case, Part 3: How Carter Coal Is Misunderstood Despite a recent Fifth Circuit case, Carter v. Carter Coal Co. (1936) doesn't limit private delegations.
Reason · Nov 21, 2022 The Horseracing Case and How It Misunderstands Private Delegation Despite a recent Fifth Circuit case, there is no private nondelegation doctrine.
Reason · Nov 19, 2022 Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit.
Reason · Nov 18, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Grains of sand, detachable pockets, and genuine obliviousness.
Reason · Nov 15, 2022 Texas AG Needn't Testify in Case Alleging Texas Intends to Punish Participation in Out-of-State Abortions The panel relies on, among other things, "the Apex doctrine."
Reason · Nov 11, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Pit bull bans, community sensitivity, and criminal defamation.
Reason · Nov 8, 2022 "Why Not the Right to Earn a Living?" In today's Golden Glow Tanning Salon v. City of Columbus, the Fifth Circuit, in an opinion by Judge Edith Jones, joined by Judges James Ho and Cory Wilson, rejected an Equal Protection Clause and Takings Clause challenge to COVID lockdowns. This is a straightforward, and in my view a clearly…
Reason · Nov 4, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Wanted posters, vague and threatening letters, and dragging a 75-pound dummy.
Reason · Oct 28, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Chalking tires, curbing meters, and secretly recording videos.