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The Latest Breaking News from Fifth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason

Solicitor General Takes Vaping to the Supreme Court

The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."

Reason

Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason

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The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Reason

The Judicial Conference Legislates From The Shadow Docket

The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Odor ordinances, woke training, and legislator walkouts.

Reason

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Revenge Porn Dispute Can't Be Completely Sealed

The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The wheels of justice, the administration of justice, and a disparaging racehorse.

Reason

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads (Repost from 2022)

Reposting a thought I had after the Fifth Circuit's decision.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizen Trump, political chalking, and rough business.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community.

Reason

The Judges Who Ruled Against La Gordiloca Are Criminalizing Watchdog Journalism

The Fifth Circuit Court of Appeals threw out a lawsuit by Laredo’s most famous citizen journalist, Priscilla Villarreal, aka La Gordiloca.

Texas Observer

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Instagram foxes, kosher Pickles, and maritime riches.

Reason

Can the Government Say: If You Want to Sell Us These Products, You Must Answer Our Questions About Them?

No, said the Fifth Circuit, at least when the products were library books, and the questions were about whether the books included sexual content.

Reason

Fifth Circuit Grants En Banc Rehearing to Case Where Texas Claims Immigration and Drug Smuggling Qualify as "Invasion"

The court could potentially resolve the case without addressing the invasion arguments.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dishwashers, Nazi-looted art, and an ag-gag mixed bag.

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news in one place.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Gross, degrading, and deeply concerning.

Reason

En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"

Another significant court loss for the Food & Drug Administration's arbitrary approach to regulating vaping products.

Reason

Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"

A rare federal court decision denying Younger abstention.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Two-faced federal prosecutors, a state prosecutor who needs to chill on Netflix, and an iconic naked baby.

Reason

Seven Fifth Circuit Judges Argue for Reading § 230 Narrowly

From Doe v. Snap, Inc., filed Monday, following and repeatedly quoting Justice Thomas's separate statement respecting denial of certiorari in Malwarebytes, Inc. v. Enigma Software Grp. USA, LLC (2020): Jennifer Walker Elrod, Circuit Judge, joined by Smith, Willett, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges, dissenting from denial of rehearing…

Reason

Fifth Circuit Rules that Victims' Families' Challenge to the Boeing Deferred Prosecution Agreement is "Premature"

The Fifth Circuit concludes that the violations of the Crime Victims Rights Act can provide grounds for refusing to dismiss the conspiracy charges against Boeing ... in later proceedings.

Reason

BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision

The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.

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