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The Latest Breaking News from Fifth Circuit

A Fifth Circuit Disgrantle in the Alien Enemies Act Case

Judge Southwick dissents from the grant of rehearing en banc, Judge Ho cites his Abbott concurrence on the Invasion Clause.

Reason · Oct 1, 2025

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

Doping horses, DEI trainings, and working on a Saturday

Reason · Sep 26, 2025

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

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason · Sep 5, 2025

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Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

Reason · Sep 4, 2025

Court ruling blocking Trump’s use of Alien Enemies Act hailed a ‘victory’

Fifth circuit says Alien Enemies Act can not justify removal of Venezuelans accused of gang ties in peacetime

The Guardian - US · Sep 3, 2025

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

A rescinded diploma, a brown seer stone, and a pointless waste of time.

Reason · Aug 29, 2025

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

Remote quorums, jetway robberies, and the beauty of our constitutional republic.

Reason · Aug 22, 2025

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Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason · Aug 19, 2025

Fifth Circuit: West Texas A&M Violated First Amendment by Blocking Student Group's Drag Show

The decision drew a sharp dissent. [UPDATE: The headline originally said Texas A & M, and has since been corrected to West Texas A & M; my apologies.]

Reason · Aug 18, 2025

No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher

From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:… The post No Qualified Immunity as to Allegations that Pre-K School Principal Failed to Respond to Sexual Molestation of Student by Teacher appeared first on Reason.com.

Reason · Aug 18, 2025

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

Cruise ships, sham interviews, and our nation's commitment to a government of laws.

Reason · Aug 15, 2025

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

Lethal pepper spray, soggy eggs, and high-end swimwear.

Reason · Aug 8, 2025

Rules of the Robe

A sharp-eyed retiree uncovered evidence of judicial misconduct by the chief judge of Houston’s busy bankruptcy court. The unusual story highlights how other complaints against judges go ignored.

Texas Observer · Jul 28, 2025

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

Longboat Key condos, protective sweeps, and wrong-door raids.

Reason · Jul 18, 2025

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Reason · Jul 14, 2025

Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause

Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.

Reason · Jul 11, 2025

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

Colorado River abstention, Wilton-Brillhart abstention, and sua sponte shenanigans.

Reason · Jul 9, 2025

Courts Can Check, and Have Checked, Executives' Military Judgment

Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.

Reason · Jul 8, 2025

$725K Settlement in University of North Texas Academic Freedom Case

The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.

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Reason · Jul 7, 2025

SCOTUS Bends The Law In Yet Another Obamacare Case

Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.

Reason · Jul 6, 2025

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason · Jul 4, 2025

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

Federal enclaves, false alarms, and pseudonymous lawsuits.

Reason · Jun 30, 2025

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason · Jun 30, 2025

No Qualified Immunity for School District Police Officer Who Seized Home-Schooled 14-Year-Old from Home

The child, and her 12-year-old brother, were left under the supervision of a neighbor by the mother, who left town for six days for a foreign job interview.

Reason · Jun 27, 2025

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

Classroom commandments, the FBI's Most Wanted, and a phone book artifice.

We Got This Covered · Jun 21, 2025

Louisiana’s Ten Commandments mandate gets a swift ‘Thou shalt not’ from appeals court

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