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The Latest Breaking News from Fifth Circuit

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

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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.

Reason

Cato Amicus Brief in the Texas and Florida Social Media Cases

The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Long opinions, long captions, and valuable considerations.

Reason

Fifth Circuit Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"

The ruling is mostly based on statutory issues, but also covers the "invasion" question.

Reason

Texas must remove floating barrier from Rio Grande, Fifth Circuit Court orders

The appeals court upheld an earlier ruling by an Austin federal judge to remove the 1,000-foot-long barrier the state deployed near Eagle Pass.

The Texas Tribune

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliating against a harbormaster, retaliating against a prisoner, and official-act immunity.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Solar panels, bullet fragments, and private rights of action.

Reason

No Liability for Supposed Medical Journal Article Misrepresentation About How to Treat Lyme Disease

From the Fifth Circuit's decision Thursday in Torrey v. Infectious Diseases Soc'y of Am., written by Judge Kyle Duncan, joined by Judges Carl Stewart and Edith Jones; seems quite right to me: A professional society specializing in the study and treatment of infectious diseases published guidelines in a peer-reviewed medical…

Reason

Our Amicus Brief in Devillier v. Texas—an Important Takings Case Before the Supreme Court

The amicus brief is on behalf of the Cato Institute and myself.

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Voting districts, work uniforms, and hunter harassment.

Reason

Gun Hobbyists (and Liberty) Win Big in Court

Fifth Circuit judges slap the ATF for making up illegal rules against homemade guns.

The Independent UK

Supreme Court seems poised to keep guns away from domestic abusers

Justices will decide if courts went too far overturning federal law intended to protect survivors

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Gift cards, strong medicine, and cloud search warrants.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Drone speech, roofer speech, and quasi-judicial speech.

Reason

Cybertoonz Visits Murthy v. Missouri

The effort by Missouri to enjoin the Biden administration's "jawboning" of social media companies has reached the Supreme Court. The Solicitor General filed a long brief seeking a stay of the Fifth Circuit's injunction and explaining why cert should be granted. The Court granted cert and the stay (the latter…

Reason

Court Agrees to Hear Missouri v. Biden Federal Government / Social Media Case

From today's order and accompanying opinion in Murthy v. Missouri: The application for stay … is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana … as modified by the United States Court of Appeals for the Fifth…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Harvesting Facebook data, directorial diversity, and corrupt intent.

Reason

Is the Fifth Circuit Becoming the New Ninth?

The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

SWAT takings, retaliatory liens, and a Spam confiscation.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Carjacking, arson, and obscured license tags.

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