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The Latest Breaking News from the 5th Circuit

The Supreme Court Blesses the FDA's Rejection of Flavored Nicotine Vapes

The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."

Reason

Supreme Court sounds skeptical of ending FCC program - Roll Call

A majority of the Supreme Court appeared reluctant Wednesday to wipe out a Federal Communications Commission program.

Roll Call

Supreme Court to weigh congressional power to delegate - Roll Call

The Supreme Court hears arguments Wednesday in cases over how much power Congress can give to executive agencies.

Roll Call

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How the Supreme Court of the United States and federal courts work and affect Texans

Here’s how federal courts help determine the fate of controversial issues, such as immigration laws, in Texas and beyond.

The Texas Tribune

A SWAT Team Raided This Innocent Family's Home. The Supreme Court Won't Hear Their Case.

Whether or not a reasonable police officer violates clearly established law when he declines to check the features and address of his target house before raiding it is thus still up for debate.

Reason

The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional

The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."

Reason

Supreme Court to hear arguments on porn age verification law - Roll Call

The Supreme Court will hear oral arguments Wednesday on a Texas law that requires pornography websites to verify the ages of their visitors.

Roll Call

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5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional

Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.

Reason

Supreme Court sounds ready to back FDA’s e-cigarette rejection - Roll Call

The Supreme Court appeared ready Monday to side with the Biden administration’s decision to keep certain flavored e-cigarettes off the market.

Roll Call

Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.

After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.

Reason

These Texans could join or influence a second Trump administration

Donald Trump has built close ties to many Texas Republicans, from judges to elected officials to policy experts.

The Texas Tribune

This Reporter Was Arrested for Asking Questions. The Supreme Court Just Revived Her Lawsuit.

Priscilla Villarreal's case is about whether certain reporters have more robust free speech rights than others.

Reason

5th Circuit Court orders federal judge removed from Texas foster care lawsuit

U.S. District Judge Janis Jack, the state’s de facto foster care czar, has been overseeing the case since 2011.

The Texas Tribune

A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.

The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.

Reason

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Roll Call

Supreme Court to decide cases on nuclear fuel storage, gun lawsuit - Roll Call

The Supreme Court announced on Friday it will decide disputes about the scope of Nuclear Regulatory Commission power and more.

The Independent UK

A Texas county has told an appeals court it has a right to cull books on sex, gender and racism

Lawyers for a Texas county that wants to keep 17 books off its library shelves went before 18 federal appeals court judges in New Orleans to argue their case

Reason

A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal.

Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement."

Reason

Biskupic Part III Confirms What We Already Knew: Justice Alito Lost Majority Opinions in NetChoice and Trevino.

There is little here that can't be gleaned from the docket and the split opinions.

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Reason

Federal Appeals Court Upholds Mississippi's Jim Crow–Era Felon Voting Ban

"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.

Reason

The DOJ Claims Medical Marijuana Patients Who Own Guns 'Endanger the Public in Multiple Ways'

Defending the federal ban on gun possession by drug users, the government's lawyers seem increasingly desperate.

Reason

SCOTUS Will Decide Whether the FDA's 'Regulatory Switcheroos' on Vaping Were 'Arbitrary and Capricious'

The 5th Circuit ruled that the agency violated the Administrative Procedure Act when it rejected applications from manufacturers of flavored nicotine e-liquids.

Reason

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

The Texas Tribune

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

Reason

Social Media Moderation Is Speech, Says Supreme Court

The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.

Reason

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.

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