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The Latest Breaking News from Fifth Circuit

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Salon

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

Reason

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Small-Town Politics, National Consequences

A power struggle in the suburban enclave of Castle Hills got so bad that the Supreme Court is being asked to clarify the definition of retaliatory arrests.

Texas Observer

Interesting Fifth Circuit Denial of Qualified Immunity to Police Officers

From Hughes v. Few, decided yesterday by Judge Andrew Oldham, joined by Judges E. Grady Jolly and Kurt Engelhardt; for the details, read the opinion itself: For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up. Austin Thompson Hughes is a Good Samaritan. After 2:30…

Reason

Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion"

The ruling builds on the same court's two prior decisions to the same effect.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bird poop, non-testimonial thumbs, and the heckler's veto.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Neighborhood character, three-judge district court panels, and a moldy office.

Reason

Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways

A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.

Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Student loan forgiveness, critical infrastructure, and inexcusable incompetence.

Reason

Fifth Circuit Rules Against Texas SB 4 Immigration Law

In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."

Reason

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

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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

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.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Odor ordinances, woke training, and legislator walkouts.

Reason

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.

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