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The Latest Breaking News from Fifth Circuit

Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?

In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Citizen flag poles, mega-appeals, and land acknowledgments.

Reason

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Horseracing integrity, beneficial owners, and bills of attainder.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Forbidden vehicle pursuits, forbidden hand-washing pics, and Epic injunctions.

Reason

No Injunction Against Prosecution for Taking Photo of Transgender Politician Washing Hands in Women's Restroom

So holds a Fifth Circuit panel, over a dissent. Note that part of the majority's rationale is that the photo would only violate the statute if the prosecution can show that defendant intended to invade privacy in a way "highly offensive to a reasonable person of ordinary sensibilities."

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Lobstermen surveillance, semiquincentennial squabbling, and socking it to the Scotch Tape People.

Reason

Victims' Families Ask the Fifth Circuit to Overturn the Dismissal of the Criminal Case Against Boeing

My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.

Reason

Our Amicus Brief in W.M.M. v. Trump - En Banc Fifth Circuit Alien Enemies Act Case

I coauthored the brief on behalf of the the Cato Institute, the Brennan Center for Justice, legal scholars Geoffrey Corn and John Dehn, and myself.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Non-condensing furnaces, drag shows, and master accounts.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Pill-pushing predictions, off-campus speech, and a crude insurrection.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

SWAT raids, cats' paws, and Christian vegetarianism.

Reason

Fifth Circuit Will Rehear Alien Enemies Act Case En Banc

It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."

Reason

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Reason

A Fifth Circuit Disgrantle in the Alien Enemies Act Case

Judge Southwick dissents from the grant of rehearing en banc, Judge Ho cites his Abbott concurrence on the Invasion Clause.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Doping horses, DEI trainings, and working on a Saturday

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason

Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

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The Guardian - US

Court ruling blocking Trump’s use of Alien Enemies Act hailed a ‘victory’

Fifth circuit says Alien Enemies Act can not justify removal of Venezuelans accused of gang ties in peacetime

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A rescinded diploma, a brown seer stone, and a pointless waste of time.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Remote quorums, jetway robberies, and the beauty of our constitutional republic.

Reason

Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason

Fifth Circuit: West Texas A&M Violated First Amendment by Blocking Student Group's Drag Show

The decision drew a sharp dissent. [UPDATE: The headline originally said Texas A & M, and has since been corrected to West Texas A & M; my apologies.]

Reason

No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher

From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:… The post No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher appeared first on Reason.com.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Cruise ships, sham interviews, and our nation's commitment to a government of laws.

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