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The Latest Breaking News from Fifth Circuit

DOJ Files Petition for Rehearing in the Fifth Circuit on Geofence Warrants

Filed this week in United States v. Smith.

Reason

Fifth Circuit Stays Broad Discovery Regarding Media Matters Donors in X v. Media Matters

The court concludes that X's requested discovery is broader than necessary, though it leaves open the door to some considerably narrower discovery.

Reason

Three Thoughts on the Stay Denial in West Virginia v. EPA

Today the Supreme Court denied the application for a stay in West Virginia v. EPA, a challenge to an EPA rule… The post Three Thoughts on the Stay Denial in West Virginia v. EPA appeared first on Reason.com.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Veterinary speech, inflation reduction, and Inspector Javert's playbook.

Reason

A Texas Pipeline Giant Is Backing a Regulatory Disaster

Energy Transfer owns the pipeline that caught fire recently near Houston, and it’s setting another fire at the National Labor Relations Board with the help of right-wing jurists.

Texas Observer

Short Circuit: A Roundup of Recent Federal Court Decisions

Equity training, intrusive questions, and a sorry mofo.

Reason

"Discard [Library] Books … That Reflect Gender, Family, Ethnic, or Racial Bias"

Professional librarian sources seem split on viewpoint-based book removals: some firmly call for viewpoint neutrality, while others say that books should be evaluated for "biased viewpoints."

Reason

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Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing

No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.

Reason

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

From an order by Eleventh Circuit Judge William Pryor, affirmed by the Eleventh Circuit Judicial Council Aug. 12 but apparently just recently made public (see also this similar Fifth Circuit decision): The Complaint stems from a letter from multiple federal judges, including the Subject Judges, addressed to the president of…

Reason

Hall-of-Famer Brett Favre's Defamation Lawsuit Against Hall-of-Famer Shannon Sharpe Thrown Out

From yesterday's Fifth Circuit decision in Favre v. Sharpe, by Judge Leslie Southwick, joined by Judge Kyle Duncan and Judge Jeremy Kernodle (E.D. Tex.): Brett Favre … was named three times as the NFL's Most Valuable Player, had a Super Bowl victory, and was selected for the NFL Hall of…

Reason

Alliance for Hippocratic Medicine On Remand

"But the Government switched positions before the Supreme Court."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Eleven-person juries, noncustodial plaintiffs, and abdicated responsibilities.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pizza wiretapping, free books, and a search during childbirth.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A tardy oath, old-timey drunkards, and telling it man to [redacted] man.

Reason

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Reason

Fifth Circuit Won't Revisit Its Earlier Precedent Holding Illegal Aliens Lack Second Amendment Rights

From yesterday's decision in U.S. v. Medina-Cantu, by Judge Carolyn Dineen King and Kurt Engelhardt: In U.S. v. Portillo-Munoz (5th Cir. 2011), this court held that 18 U.S.C. § 922(g)(5), which prohibits an illegal alien from possessing a firearm or ammunition, is constitutional under the Second Amendment. In the present…

Reason

Second Amendment Roundup: 8th Circuit Rules in Favor of Pistol Brace Owners

ATF shoots the side of a barn, draws a target around the bullet holes, and proclaims “bullseye!”

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Nonaggressive dogs, tactical vests, and the entire internet.

The Independent UK

After millions lose access to internet subsidy, FCC moves to fill connectivity gaps

The FCC voted in July to allow schools and libraries to use federal money to loan out WiFi hotspots to students and patrons

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Reason

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

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.

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