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The Latest Breaking News from the Fifth Circuit

The Ignored Aesthetic Standing Argument In FDA v. Alliance for Hippocratic Medicine

The fauna that did not bark, the flora that did not bloom.

Reason

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Salon

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Austin Judges Shop For Cases With "Mutual Consent"

Cases in the Austin Division of the Western District of Texas are not "randomly" assigned.

Reason

Louisiana SG Seeks Initial En Banc in 5th Circuit On Whether Section 2 of VRA Has Implied Private Right of Action

"Appellants thus seek to advance judicial economy—as this Court has done—through 'initial en banc hearing … without requiring the matter to percolate uselessly through a panel.'"

Reason

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Reason

Supreme Court Won't Stop Texas Porn Law From Taking Effect

"We will continue to fight for the right to access the internet without intrusive government oversight," says the group challenging the law.

Reason

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Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

Reason

Some Texas Prisoners Allowed Only Four Hours of Sleep a Night, Lawsuit Says

The Fifth Circuit Court of Appeals sided with a man incarcerated at the Estelle Unit who has been suing over his sleep schedule for a decade.

Texas Observer

Fifth Circuit Rules Against Texas SB 4 Immigration Law

In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason

Amicus Brief in United States v. Abbott Explains Why Texas is Wrong to Equate Illegal Migration and Drug Smuggling With "Invasion"

The state's position is at odds with the text and original meaning of the Constitution and would set a dangerous precedent if accepted by federal courts.

Reason

Solicitor General Takes Vaping to the Supreme Court

The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo."

Reason

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Ballotpedia

Appeals court pauses implementation of SEC climate rule

The U.S. Court of Appeals for the Fifth Circuit on March 15 temporarily blocked the implementation of the Securities and Exchange Commission’s (SEC’s) new rules on emissions data reporting while the court considers a lawsuit alleging the regulations exceed the SEC’s authority.

WEKU

What to know about SB 4, the Texas immigration law in the courts now

The controversial new law would allow Texas law enforcement officers and judges to arrest and deport people in the country illegally, powers that have traditionally belonged to the federal government.

Reason

Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket

The Shadow Docket giveth, The Shadow Docket taketh away

Reason

Who is responsible for the 5th Circuit's alleged "troubling habit of leaving 'administrative' stays in place for weeks if not months"?

The worst offender is not Jim Ho, but Carl Stewart.

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Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Ballotpedia

Economy and Society, March 19, 2024: Appeals court pauses implementation of SEC climate rule

Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the environmental, social, and corporate governance (ESG) trends and events that characterize the growing intersection between business and politics.

Reason

Court Should Focus on Coercion in Murthy v. Missouri

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Reason

A Comment On The Judicial Conference's Policy From A Fifth Circuit Practitioner

I pass along this comment I received from a well-known attorney in Texas who clerked on both the federal District Court level and at the Fifth Circuit. I suspect this attorney's views are widely shared: The memo to the judiciary has now become available, but that does not address the…

Reason

FAQs re Murthy v. Missouri

Philip Hamburger on How to Understand this Free Speech Case

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Final decisions, accidental strip searches, and puppycide.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Jurisdictional bollards, standingripemootness, and a pretty good en banc grant.

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