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The Latest Breaking News from Fifth Circuit

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 · Aug 18, 2025

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 · Aug 18, 2025

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.

Reason · Aug 15, 2025

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

Lethal pepper spray, soggy eggs, and high-end swimwear.

Reason · Aug 8, 2025

Rules of the Robe

A sharp-eyed retiree uncovered evidence of judicial misconduct by the chief judge of Houston’s busy bankruptcy court. The unusual story highlights how other complaints against judges go ignored.

Texas Observer · Jul 28, 2025

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

Longboat Key condos, protective sweeps, and wrong-door raids.

Reason · Jul 18, 2025

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

Colorado River abstention, Wilton-Brillhart abstention, and sua sponte shenanigans.

Reason · Jul 11, 2025

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Courts Can Check, and Have Checked, Executives' Military Judgment

Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.

Reason · Jul 9, 2025

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason · Jul 6, 2025

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

Federal enclaves, false alarms, and pseudonymous lawsuits.

Reason · Jul 4, 2025

No Qualified Immunity for School District Police Officer Who Seized Home-Schooled 14-Year-Old from Home

The child, and her 12-year-old brother, were left under the supervision of a neighbor by the mother, who left town for six days for a foreign job interview.

Reason · Jun 30, 2025

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

Classroom commandments, the FBI's Most Wanted, and a phone book artifice.

Reason · Jun 27, 2025

Louisiana Law Requiring Public Schools to Display 10 Commandments 'Unconstitutional,' Appeals Court Rules

A federal court ruled Louisiana's law requiring the Ten Commandments be displayed in every public school classroom is unconstitutional.

Latin Times · Jun 21, 2025

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

Hapless lawyers, police auditors, and Welsh laws.

Reason · Jun 20, 2025

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Reason · Jun 16, 2025

Restriction on Gun Possession Within 1000 Feet of School Constitutional, at Least When Possessor Is "Behaving Erratically and Menacingly"

The Fifth Circuit hands down a highly fact-specific decision in a Second Amendment challenge to a federal law.

Reason · Jun 13, 2025

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

Discretionary lawn care, Agent Orange, and banished from South Georgia.

Reason · Jun 2, 2025

Our Fifth Circuit Alien Enemies Act Amicus Brief

The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.

Reason · May 30, 2025

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

Book burning, hit pieces, and marijuana's historical pedigree.

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Reason · May 24, 2025

Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech

As I noted yesterday, a ten-judge Fifth Circuit majority held that the Free Speech Clause doesn't secure a right of… The post Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech appeared first on Reason.com.

Reason · May 23, 2025

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

Helicopter accidents, nasty feuds, and serial lies.

Reason · May 23, 2025

The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint

The Fifth Circuit decision holding that libraries may remove books based on the books' viewpoint may lead some to ask:… The post The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint appeared first on Reason.com.

Reason · May 21, 2025

MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas

"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"

Reason · May 20, 2025

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason · May 19, 2025

Alleged Unindicted Coconspirator in Kickback Scheme Can't Get Name Redacted from Court Opinion

The person had been a high-level executive in General Electric's African operations.

Reason · May 14, 2025

First Amendment Challenge to Texas State University Speech Code Can Go Forward

From today's Fifth Circuit decision in Speech First, Inc. v. McCall, written by Judge James Ho and joined by Judges… The post First Amendment Challenge to Texas State University Speech Code Can Go Forward appeared first on Reason.com.

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