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The Latest Breaking News from the Fifth Circuit

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

$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

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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?

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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

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.

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

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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.

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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

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.

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