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The Latest Breaking News from Fifth Circuit

Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking

From La Union del Pueblo Entero v. Abbott, decided today by Judge Edith Jones, joined by Judge Kurt Engelhardt and… The post Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking appeared first on Reason.com.

Reason · Feb 12

Fifth Circuit to Hear Oral Argument on the Victims' Families' Challenge to the Dismissal of the Boeing Criminal Case

I hope to convince the Fifth Circuit to fully protect the families' rights under the Crime Victims' RIghts Act.

Reason · Feb 4

Second Amendment Roundup: 5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment

No historical analogues justify felon possession ban for drug conviction.

Reason · Feb 2

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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 · Jan 23

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

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

Reason · Dec 26, 2025

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 · Dec 24, 2025

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

Horseracing integrity, beneficial owners, and bills of attainder.

Reason · Dec 19, 2025

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When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason · Dec 19, 2025

Second Amendment Roundup: Supreme Court to decide status of unlawful drug users.

ATF’s expansive regulation conflicts with U.S. position that only habitual users are disarmed.

Reason · Dec 16, 2025

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 · Dec 12, 2025

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 · Dec 9, 2025

Journal of Free Speech Law: "Incitement, Enthusiasm, and the Dangers of Negligent Protest," by John Inazu

From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.

Reason · Dec 9, 2025

Some Thoughts On The Texas Gerrymandering Case

There is so much to say about LULAC v. Abbott, the recent gerrymandering case decided by a three judge panel… The post Some Thoughts On The Texas Gerrymandering Case appeared first on Reason.com.

Reason · Nov 23, 2025

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 · Nov 21, 2025

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Reason · Nov 18, 2025

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 · Nov 14, 2025

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 · Nov 13, 2025

The Alien Enemies Act and the Major Questions Doctrine

The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.

Reason · Nov 9, 2025

The First Circuit Is Not A Denny's

According to the Attorney General, the First Circuit's clerk refused to "offer any means of filing" an emergency brief after 5:00 p.m.

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Reason · Nov 7, 2025

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

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

Reason · Nov 6, 2025

Judge O'Connor Grants the Government's Motion to Dismiss the Conspiracy Charge Against Boeing …

... but does so reluctantly, calling the objections to the dismissal "compelling" and castigating the Justice Department for its failure "to secure the necessary accountability to ensure the safety of the flying public."

Reason · Oct 31, 2025

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

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

The Texas Tribune · Oct 27, 2025

Federal appeals court will reconsider West Texas A&M drag show ban

The Fifth Circuit Court of Appeals on Monday tossed a three-judge panel's earlier ruling that found the ban violated students' free speech rights. The court's 17 judges will rehear the case.

Reason · Oct 23, 2025

Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis

Judges would find the law, rather than mechanically following every word that appears in a published opinion.

Reason · Oct 10, 2025

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

SWAT raids, cats' paws, and Christian vegetarianism.

Reason · Oct 2, 2025

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."

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