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The Latest Breaking News from Fifth Circuit

The ACLU's Response to My Post on the Fifth Circuit's Smith Ruling—And My Reply to the ACLU

A debate on a very important Fourth Amendment ruling.

Reason

No Pseudonymity for Hindu Plaintiffs Challenging Enforcement of California Caste Discrimination Ban

From Hindu American Found. v. Kish, decided today by Judge Dale Drozd (E.D. Cal.): [P]laintiff HAF [and nine individual plaintiffs, including three Doe plaintiffs, seek] declaratory and injunctive relief against defendant Kevin Kish, in his official capacity as the director of the California Civil Rights Department …, for allegedly violating…

Reason

The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

An astonishing ruling, and one that creates splits on two differerent issues.

Reason

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Judges' Boycott of Columbia in Clerk Hiring Is Permissible Under Judicial Ethics Rules

From Fifth Circuit Chief Judge Priscilla Richman's June 24 opinion, which was affirmed earlier this month by an Appellate Review Panel of the Judicial Council for the Fifth Circuit (in an order signed by Judge Jennifer Elrod): Complainant, a state prisoner, has filed a complaint against a United States Circuit…

Reason

Judge Ezra's Worrying Behavior in the Buoy Case

Judge Ezra boasted about knowing the judges on the Fifth Circuit, being sworn into the Texas Bar by the Chief Judge's husband, and threatened to have the Deputy Solicitor General's lawyer removed from the courtroom.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Heated depositions, wellness checks, and strip searches.

Reason

En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion"

The invasion argument is still being litigated in another case.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Amateur sports, geofence warrants, and a Saudi kill squad.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Controversial memes, mandatory recusal, and punitive damages caps.

Reason

Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media

And the Supreme Court agrees to weigh in.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overloaded fireworks, behavioral coaching, and makeshift pockets.

Reason

Court ruling suggests recent activity in federal investigation of Ken Paxton

Records don’t name the attorney general’s office, but their details line up with the accusations former top deputies made against Paxton.

The Texas Tribune

SCOTUS helps GOP frame "deranged" cases

Conservative justices are dropping "hints" for conservative legal activists going forward

Salon

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Reason

Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)

A RFRA defense to Title VII and a new Appointments Clause challenge.

Reason

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

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Reason

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason

Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"

From today's decision in Carter v. Southwest Airlines, Inc. (consolidated with Carter v. Local 556, Transport Workers Union of Am.), decided today by Judge Edith Brown Clement, Kurt Engelhardt, and Cory Wilson (for my earlier post on the case, see here): On August 7, 2023, the district court held Southwest…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Salon

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Reason

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

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