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The Latest Breaking News from OLDHAM

Fifth Circuit Rejects Energy Department Direct-to-Final Rule on Home Appliances

While the decision rejects a Biden Administration rule, it could cause trouble for the Trump Administration's efforts to avoid notice-and-comment rulemaking too.

Reason

Judge Bumatay on Originalism, Stare Decisis, and the Party Presentation Rule

"When should circuit judges overturn their own non-originalist precedents? Spoiler alert—the answer is 'always.'"

Reason

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

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

Big game hunts, Victorian London, and those trendy Trader Joe’s bags.

Reason

Macclesfield’s John Rooney: ‘I’d be stupid to act like Robbie Savage, I’d be being false’

Younger brother of Wayne hopes he will not be needed on the pitch as he embarks on first managerial job

The Guardian - UK

White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented

It is very easy to reverse a court when you exclude virtually every argument from consideration.

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

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More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit

For nearly four years, there was a never-ending drumbeat about how the Fifth Circuit was an existential threat to the… The post More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit appeared first on Reason.com.

Reason

The Engagement Party review – a disappointing love letter to Oldham

afshan d’souza-lodhi’s play, commissioned to celebrate the saved-from-closure Coliseum, fails to rise to the occasion

The Guardian - UK

Former child abuse inquiry chairwoman urges Government to act over 2022 report

Professor Alexis Jay distanced herself from demands for a new independent inquiry.

Evening Standard

‘We live on Pot Noodles’: rickets hits homeless families with no kitchen

Families placed in hotels in England are being forced to live on snack foods, putting young people’s health at risk

The Guardian - UK

En Banc Fifth Circuit Concludes FCC's "Universal Service" Fee Is Unconstitutional

A majority of the judges concludes this fee constitutes a tax, the authority for which is improperly delegated.

Reason

Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason

House of the Dragon star Olivia Cooke says she disagreed with cutting her ‘animalistic’ sex scene

‘It wasn’t beautiful, and that was really fun to do,’ noted the Oldham-born star

The Independent UK

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Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

Reason

Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason

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

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…

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Reason

President DeSantis's First Supreme Court Nominee

Episode 423 of the Cyberlaw Podcast

Reason

Judge Oldham Bails Out Texas

Episode 422 of the Cyberlaw Podcast

Reason

The "Good Ship Fifth Circuit" Denies En Banc Review in Sambrano v. United Airlines

Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.

Reason

State of the Fifth Circuit Address

A study of the Fifth Circuit's en banc decisions over the past four years.

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Ketanji Brown Jackson

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