The Latest Breaking News from the Fifth Circuit

The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.

If you don't do what I want, "Congress will consider more prescriptive requirements."

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…

The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.

Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.

The 5th Circuit judges nodded approval of a 19th century federal law that was used to ban books and birth control

The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.

Another essential post.

The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates