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The Latest Breaking News from the Fifth Circuit

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

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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.

Reason

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Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

Reason

Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

Reason

What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?

Justice Barrett tells us to read the opinion, but there is nothing to read.

Reason

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

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

Reason

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

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Fifth Circuit Panel Issues 24-Page Unpublished Opinion In Favor Of Planned Parenthood and Reverses Judge Kacsmaryk⁩

Is this opinion a "one and done" decision to evade en banc review?

Reason

Justice Gorsuch on the Right to Trial by Jury and Restitution

From Justice Gorsuch's dissent from denial of review today in Rimlawi v. U.S.: The Fifth Circuit held that a judge… The post Justice Gorsuch on the Right to Trial by Jury and Restitution appeared first on Reason.com.

Reason

Second Amendment Roundup: 5th Circuit Nixes Ban on Gun Sales to 18 to 20 Age Group

The original understanding in 1791, not that in 1868, governs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Troubled waters, a Declaration of War, and some batty paperwork.

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Prof. Robert Leider on the arguments in Barnes v. Felix

Professor Robert Leider, who writes in both constitutional law and criminal law, passed along these comments on the Supreme Court's… The post Prof. Robert Leider on the arguments in Barnes v. Felix appeared first on Reason.com.

Kiplinger

Could ESG Funds be Removed from Your 401(k) Plan?

A pilot successfully sued American Airlines for including ESG factors in its 401(k) plan.

Reason

Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

A mashgiach minister, a spicy habeas, and a Madlibs macro.

Reason

Court Rejects Copyright Lawsuit Over Ole Miss Coach's Use of Motivational Speaker's "Winning Isn't Normal" Passage

From Bell v. Kiffin, decided two weeks ago by Judge Michael Mills (N.D. Miss.): With any beneficial law, … there… The post Court Rejects Copyright Lawsuit Over Ole Miss Coach's Use of Motivational Speaker's "Winning Isn't Normal" Passage appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Appeals Court Decisions

Rolodexes, rabbit holes, and challenge coins.

Reason

Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile

Does a judge have an obligation to render a judgment to ensure that the court renders a judgment?

Reason

A Proposal To Create A New Article III Court of Immigration Review

"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."

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