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The Latest Breaking News from Fifth Circuit

Louisiana Law Requiring Public Schools to Display 10 Commandments 'Unconstitutional,' Appeals Court Rules

A federal court ruled Louisiana's law requiring the Ten Commandments be displayed in every public school classroom is unconstitutional.

Latin Times · Jun 21, 2025

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

Hapless lawyers, police auditors, and Welsh laws.

Reason · Jun 20, 2025

Restriction on Gun Possession Within 1000 Feet of School Constitutional, at Least When Possessor Is "Behaving Erratically and Menacingly"

The Fifth Circuit hands down a highly fact-specific decision in a Second Amendment challenge to a federal law.

Reason · Jun 16, 2025

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

Discretionary lawn care, Agent Orange, and banished from South Georgia.

Reason · Jun 13, 2025

Our Fifth Circuit Alien Enemies Act Amicus Brief

The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.

Reason · Jun 2, 2025

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

Book burning, hit pieces, and marijuana's historical pedigree.

Reason · May 30, 2025

Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech

As I noted yesterday, a ten-judge Fifth Circuit majority held that the Free Speech Clause doesn't secure a right of… The post Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech appeared first on Reason.com.

Reason · May 24, 2025

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

Helicopter accidents, nasty feuds, and serial lies.

Reason · May 23, 2025

The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint

The Fifth Circuit decision holding that libraries may remove books based on the books' viewpoint may lead some to ask:… The post The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint appeared first on Reason.com.

Reason · May 23, 2025

MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas

"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"

Reason · May 21, 2025

The Supreme Court Unfairly Attacked A "Careful" District Court Judge Who Faithfully Discharged His Office Under Pressure

Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.

Reason · May 20, 2025

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason · May 20, 2025

Alleged Unindicted Coconspirator in Kickback Scheme Can't Get Name Redacted from Court Opinion

The person had been a high-level executive in General Electric's African operations.

Reason · May 19, 2025

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason · May 16, 2025

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Reason · May 14, 2025

First Amendment Challenge to Texas State University Speech Code Can Go Forward

From today's Fifth Circuit decision in Speech First, Inc. v. McCall, written by Judge James Ho and joined by Judges… The post First Amendment Challenge to Texas State University Speech Code Can Go Forward appeared first on Reason.com.

Reason · May 13, 2025

Solicitor General Is Still Waiting For An Actual Ruling In A.A.R.P. v. Trump

Nearly a month has elapsed since the ACLU's very good Friday.

Reason · May 9, 2025

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

Non-citizen soldiers, habeas runarounds, and all federal law.

Reason · May 3, 2025

The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper

Fifteen judges produce eight separate opinions—but no view gets a majority.

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Reason · Apr 21, 2025

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason · Apr 20, 2025

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason · Apr 20, 2025

Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason · Apr 19, 2025

The Procedural Posture of A.A.R.P. v. Trump

The Fifth Circuit and SCOTUS ruled at approximately the same time.

Reason · Apr 19, 2025

SCOTUS Violates Marbury v. Madison By Granting Ex Parte Injunction Against Executive Branch In Its Original Jurisdiction

When the Justices voted, there was no actual lower court decision to review.

Reason · Apr 19, 2025

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

Reason · Apr 18, 2025

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

A judge-on-judge benchslap, a pharmaceutical kickback, and a direct descendant of the Kings of France.

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