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The Latest Breaking News from the 5th Circuit

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

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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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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.

Roll Call

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

The Independent UK

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.

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

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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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Reason

SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights

The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."

Reason

A Federal Judge Rejects the Lame Excuses of Texas Cops Who Kidnapped a Supposedly 'Abandoned' Teenager

The decision clears the way for a jury to consider Megan and Adam McMurry's constitutional claims against the officers who snatched their daughter.

Roll Call

Supreme Court rejects challenge to medication abortion drug - Roll Call

The Supreme Court upheld access to the commonly used medication abortion drug mifepristone in a unanimous decision Thursday.

Reason

Donald Trump and Hunter Biden Face the Illogical Consequences of an Arbitrary Gun Law

Their cases illustrate the injustice of taking away people’s Second Amendment rights based on nonviolent crimes

Reason

These Strange Bedfellows Want SCOTUS To Remind the 5th Circuit That Journalism Is Not a Crime

An ideologically diverse mix of individuals and organizations supports a Texas journalist who was arrested for asking questions.

Reason

A Cop's Corruption Allegedly Cost an Innocent Man 2 Years of His Life. Should She Get Qualified Immunity?

Judge Carlton Reeves ripped apart the legal doctrine in his latest decision on the matter.

Reason

Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?

Prosecutor Ralph Petty was also employed as a law clerk—by the same judges he argued before.

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