The Latest Breaking News from the Fifth Circuit

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 · Jul 7, 2025

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 · Jul 6, 2025

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

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

Reason · Jun 30, 2025

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 · May 19, 2025

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 · May 16, 2025

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 · May 13, 2025

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

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

Reason · May 9, 2025

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 · May 3, 2025

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 · Apr 21, 2025

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 · Apr 20, 2025