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The Latest Breaking News from the Fifth Circuit

Atlas Roofing Shrugged

Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.

Reason

District Court Rejects Magistrate Judges' Gag Order on Publishing Name of Retroactively Pseudonymized Litigant

"Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."

Reason

Making Sense of the Moody Opinions In NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Amateur sports, geofence warrants, and a Saudi kill squad.

Reason

How an ideological war over PrEP threatens preventive services from smoking cessation to contraception to vaccines for half the U.S. population

More than 150 million Americans now have access to preventive services—and these are popular across the political spectrum.

Fortune

Taking Prison to Court: Fighting for the Right to Sleep

Michael Garrett sued the Texas Department of Criminal Justice more than a decade ago, and he’s working from inside to keep the case alive.

Texas Observer

Supreme Court sidesteps gun law challenge that could impact Hunter Biden’s case

Supreme Court asked lower appeals courts to remand a case cited by Hunter Biden’s lawyers

The Independent UK

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Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason

S. Ct. Will Decide: May States Require Age Verification to Access Porn Sites?

The Court just agreed to hear this case, Free Speech Coalition v. Paxton. You can read the majority and dissenting opinions in the Fifth Circuit here, and the petition, response, and reply here. Here's the issue in a nutshell: 1. Ginsberg v. N.Y.(1968) held (in a majority opinion by Justice…

Reason

Social Media Moderation Is Speech, Says Supreme Court

The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Overloaded fireworks, behavioral coaching, and makeshift pockets.

Reason

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason

The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Reason

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason

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Reason

The Supreme Court's Dangerous Standing Ruling in Murthy v. Missouri

The standing requirements laid down by the majority might make it extremely difficult or impossible for victims of indirect goverment censorship to get their cases to court.

Reason

The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Salon

SCOTUS helps GOP frame "deranged" cases

Conservative justices are dropping "hints" for conservative legal activists going forward

Reason

Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

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Reason

Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)

A RFRA defense to Title VII and a new Appointments Clause challenge.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason

Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason

Lawsuit: Biden Administration Rules That Make Dishwashers, Laundry Machines Worse Also Illegal

The plaintiffs argue that the Department of Energy has no legal authority to impose its own water use limits on energy-consuming home appliances.

Reason

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

Salon

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

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