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The Latest Breaking News from Fifth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Sidewalks to nowhere, vitriolic deliberations, and precedential nonprecedents.

Reason

Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments

The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Loss and woe.

Reason

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How Will the Mifepristone Case Get Back to the Supreme Court?

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Reason

The Supreme Court's Mifepristone Stay

Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…

Reason

Supreme Court blocks lower court decision in case on FDA approval of abortion pill

The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.

WEKU

Short Circuit: A Roundup of Recent Federal Court Decisions

Butter or spray; liars and bad cops; and SecretAgentRandyBeans.

Reason

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Abortion pill case deadline extended

The Supreme Court is ruling on a district court's attempt to ban the abortion pill mifepristone

Salon

Medication abortions still in limbo

Legal experts weigh in on what to expect with the mifepristone case this week

Salon

Short Circuit: A Roundup of Recent Federal Court Decisions

Vaccinated jurors, a parking monopoly, and plant-based meat.

Reason

A new abortion pill ruling is super bad

The 5th Circuit judges nodded approval of a 19th century federal law that was used to ban books and birth control

Salon

The Good and Bad of the Fifth Circuit's Abortion Pill Ruling

The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.

Reason

Unikowsky on the Fifth Circuit's Mifespristone Decision

Another essential post.

Reason

Louisiana Loses Social-Cost-of-Carbon Lawsuit in the Fifth Circuit (Again)

The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Disparaging scientists, disappearing warrants, and disgruntled lawyers.

Reason

Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Government

The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.

Reason

Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application

Another opinion exposing the Food and Drug Administration's vaping problem.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

Reason

Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc?

The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…

Reason

David Lat on the Stanford Law School Disruption of Speech by Fifth Circuit Judge Kyle Duncan

David Lat's Original Jurisdiction newsletter has, as usual, excellent and detailed coverage. I started quoting but then realized that I couldn't excerpt it and still do the matter justice; and quoting the whole thing would be unfair to Lat as an author. I therefore very much encourage you to read…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Speedy trials, political advertising, and horseracing.

Reason

Department of Justice v. Texas Judges

Does DOJ actually agree with "a couple of law professors beating a drum on Twitter"?

Reason

Judge James Ho's Revised Concurrence in the Second Amendment / Restraining Order Case

Yesterday, the Fifth Circuit released an updated version of its opinion in U.S. v. Rahimi, which held that people can't be disarmed just based on a civil restraining order. The changes to the majority are comparatively minor, but Judge Ho used the release of the new opinion as an occasion…

Reason

An Unusual Supreme Court Split in Bittner v. United States

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

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