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The Latest Breaking News from the 5th Circuit

For $6.5 Million, Durham Report Finds FBI Didn't Have Solid Dirt on Trump and Russia

Plus: Reexamining the roots of qualified immunity, who's really hurt by business regulations, and more...

Reason

3 judges who chipped away abortion rights to hear federal abortion pill appeal

Three appeals court judges with a history of supporting restrictions on abortion will hear arguments May 17 on whether a widely used abortion drug should remain available

The Independent UK

Second Court Upholds FCC’s Broadband Subsidy Delegation

Says USAC is sufficiently subordinate to pass constitutional muster

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Robe & Gavel: SCOTUS closes its April 2023 sitting

Welcome to the April 24 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Ballotpedia

How will the Supreme Court's decision on mifepristone affect abortion access? 4 questions answered

On April 21, 2023, the U.S. Supreme Court ruled that the abortion pill mifepristone, which is used in more than half of all abortions in the U.S., could remain accessible without restrictions – at least for now. The decision is temporary, however, buying time as an appeals court weighs the…

The Conversation

Supreme Court Stays Lower Court Ruling That Limited Access to Abortion Pill

Mifepristone will remain on the market for now with no changes to how it can be prescribed.

Reason

Supreme Court leaves abortion drug on the market, for now

The legal challenge to mifepristone now returns to the 5th U.S. Circuit Court of Appeals in New Orleans.

The Texas Tribune

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Supreme Court delays decision in abortion drug case

WASHINGTON — The Supreme Court gave itself more time on a decision expected Wednesday about a commonly used abortion drug, extending until Friday a temporary pause on a lower court ruling that would restrict availability of mifepristone.

Tribune News Service

Supreme Court delays decision in abortion drug case - Roll Call

The Supreme Court extended until Friday a temporary pause on a lower court ruling that would restrict availability of mifepristone.

Roll Call

Dallas judge would be first Latina on 5th Circuit appeals court with Biden nomination

WASHINGTON – President Joe Biden has picked a longtime federal magistrate in Dallas for the influential 5th U.S. Circuit Court of Appeals.

Tribune News Service

Supreme Court's Alito halts abortion drug restrictions through Wednesday

WASHINGTON — The Supreme Court temporarily paused through at least Wednesday a court order that would have restricted a commonly used abortion drug nationwide in a brief order issued Friday afternoon.

Tribune News Service

Anti-mifepristone court decisions rely on medical misinformation about abortion and questionable legal reasoning

An early April 2023 decision by a U.S. district judge in Texas to reverse 23 years of approval of the abortion pill mifepristone has sparked explosive debate.

The Conversation

DOJ, drugmaker ask SCOTUS to intervene in abortion drug case

WASHINGTON — The Justice Department and a pharmaceutical company on Friday asked the Supreme Court to intervene in the court fight over a commonly used abortion drug in order to keep a court ruling restricting availability of the drug from taking effect this weekend.

Tribune News Service

US Supreme Court justice temporarily halts abortion pill curbs

Government says restrictions on mifepristone would deny people ‘lawful access’ to drug deemed safe by US regulators.

Al Jazeera

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Roll Call

Supreme Court halts abortion drug case through Wednesday - Roll Call

The ruling comes after a federal judge in Texas suspended the FDA's 2000 approval of mifespristone, a drug used for medication abortions.

Reason

The Unprecedented Judicial Move in the Texas Abortion Pill Decision

It’s not the FDA’s job to tell doctors what to do.

Tribune News Service

Justice Department to ask Supreme Court to intervene in abortion pill case

WASHINGTON — Attorney General Merrick Garland said the Biden administration will ask the U.S. Supreme Court to protect the availability of a widely used abortion pill after a federal appeals court cleared the way for new restrictions to take effect Friday.

Tribune News Service

Members of Congress weigh in on court fight over abortion drug

WASHINGTON — A Louisiana-based federal appeals court could decide as soon as Wednesday the availability of the nation’s most used medication abortion drug, as members of Congress from both parties weighed in on a lower court ruling that would stop the manufacture and distribution of the drug this Saturday.

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Roll Call

Members of Congress weigh in on court fight over abortion drug - Roll Call

Members of Congress weighed in on a lower court ruling that would stop the manufacture and distribution of an abortion drug.

Reason

Another Federal Judge Rejects the DOJ's Argument That Cannabis Consumers Have No Second Amendment Rights

U.S. District Judge Kathleen Cardone was unimpressed by the Biden administration's argument that marijuana users are too "dangerous" to own guns.

Reason

The Ruling Upholding the Gun Rights of People Subject to Restraining Orders Is Not As Crazy As You Might Think

The 5th Circuit noted that such orders can be issued without any credible evidence of a threat to others.

Reason

The 5th Circuit Rebukes the FDA for Flouting the Law While Imposing a De Facto Ban on Flavored E-Cigarettes

The appeals court says regulators violated the Administrative Procedure Act when they tried to pull menthol vapes off the market.

Tribune News Service

DOJ asks Supreme Court to review domestic violence gun ruling

WASHINGTON — The Justice Department has asked the Supreme Court to overturn a lower court decision that struck down a federal law that prohibits gun possession for individuals under domestic violence restraining orders.

Roll Call

DOJ asks Supreme Court to review domestic violence gun ruling - Roll Call

DOJ asked the court to overturn a lower court decision that struck down a law that bars gun possession for people under domestic violence restraining orders.

Tribune News Service

Supreme Court case features twist on appropriations power

WASHINGTON — Congress has used a clause in the Constitution for more than two centuries to control how the federal government spends funds, but the Supreme Court is poised to decide whether that same language also limits what lawmakers can do.

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