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The Latest Breaking News from the Fifth Circuit

Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis

Judges would find the law, rather than mechanically following every word that appears in a published opinion.

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

Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

Reason

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Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason

Rules of the Robe

A sharp-eyed retiree uncovered evidence of judicial misconduct by the chief judge of Houston’s busy bankruptcy court. The unusual story highlights how other complaints against judges go ignored.

Texas Observer

Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause

Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.

Reason

Courts Can Check, and Have Checked, Executives' Military Judgment

Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.

Reason

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$725K Settlement in University of North Texas Academic Freedom Case

The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.

Reason

SCOTUS Bends The Law In Yet Another Obamacare Case

Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.

Reason

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason

Louisiana’s Ten Commandments mandate gets a swift ‘Thou shalt not’ from appeals court

How did this get so far?

We Got This Covered

MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas

"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"

Reason

The Supreme Court Unfairly Attacked A "Careful" District Court Judge Who Faithfully Discharged His Office Under Pressure

Chief Justice Roberts and his colleagues owe Judge Hendrix an apology.

Reason

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Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason

Alleged Unindicted Coconspirator in Kickback Scheme Can't Get Name Redacted from Court Opinion

The person had been a high-level executive in General Electric's African operations.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason

Solicitor General Is Still Waiting For An Actual Ruling In A.A.R.P. v. Trump

Nearly a month has elapsed since the ACLU's very good Friday.

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Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Non-citizen soldiers, habeas runarounds, and all federal law.

Reason

The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper

Fifteen judges produce eight separate opinions—but no view gets a majority.

Reason

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason

The Procedural Posture of A.A.R.P. v. Trump

The Fifth Circuit and SCOTUS ruled at approximately the same time.

Reason

SCOTUS Violates Marbury v. Madison By Granting Ex Parte Injunction Against Executive Branch In Its Original Jurisdiction

When the Justices voted, there was no actual lower court decision to review.

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