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The Latest Breaking News from Fifth Circuit

Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws

The laws require major social media platforms to host content they disapprove of for substantive reasons.

Reason

Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments

The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.

Reason

Fifth Circuit Panel in Missouri v. Biden Withdraws Grant of Rehearing

Monday, the Fifth Circuit panel that decided Missouri v. Biden—which held that some federal government actions improperly "coerced or significantly encouraged" platforms to restrict certain user speech—issued an order saying that it granted a petition for rehearing. This meant that the panel would likely reconsider the decision, though it wasn't…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Music theory, cell phone seizures, and gratuitous strip searches.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Prayer trails, controlled burns, and copyrighted law.

Reason

Free Speech, Social Media Firms, and the Fifth Circuit

The Fifth Circuit was right to rule it was illegal for the federal government to coerce social media firms, but wrong to uphold a Texas law requiring those firms to post material they prefer to keep out.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

3,000 years of overdetention, chief lickspittle, and the wrong side of the road.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Detroit's forfeiture machine, major nuclear questions, and copyrightable materials.

Reason

The Fifth Circuit on the "Trump Train" / Biden-Harris Bus Lawsuit

The lawyer's true superpower is to turn every case into a case about procedure.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

Joke "We Need You Brad Pitt" Post at Start of COVID Pandemic Protected by First Amendment

The post led to the author being arrested for "terrorizing"; so clearly unconstitutional that the police officer lacks qualified immunity, says the Fifth Circuit.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalk, meme stocks, and a dog in peril.

Reason

Fifth Circuit Affirms Just Hours After Oral Argument: Criminal Libel Arrest for Criticizing Police Officer …

was unconstitutional.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Butterfly knives, and prison atrocities, and a clueless detective.

Reason

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Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Moot beaches, sparking the French Revolution, and cash-bail advocacy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Cooperative subjects, an unwanted text message, and hunting in a national forest.

Newsroom.co.nz

Victoria University politics betting site gets temporary reprieve

A decision on the future of Victoria University’s political betting site PredictIt remains in the balance as the Fifth Circuit court agrees to allow it to keep trading for a bit longer.

Reason

Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act

Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

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