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The Latest Breaking News from the Fifth Circuit

The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason · Jun 26, 2024

SCOTUS helps GOP frame "deranged" cases

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

Salon · Jun 26, 2024

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.

Reason · Jun 26, 2024

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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 · Jun 25, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason · Jun 21, 2024

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 · Jun 20, 2024

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 · Jun 14, 2024

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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 · Jun 14, 2024

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 · Jun 13, 2024

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

Salon · May 19, 2024

Austin Judges Shop For Cases With "Mutual Consent"

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

Reason · May 16, 2024

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 · May 16, 2024

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

Some interesting comments at the Fifth Circuit Judicial Conference

Reason · May 10, 2024

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 · May 1, 2024

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Reason · Apr 18, 2024

Justice Gorsuch's Concurrence in Labrador v. Poe

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

Reason · Apr 6, 2024

Fifth Circuit Judges Clash Over Venue and Judge Shopping

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

Texas Observer · Apr 2, 2024

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.

Reason · Mar 27, 2024

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."

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Reason · Mar 22, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason · Mar 22, 2024

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 · Mar 22, 2024

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."

Ballotpedia · Mar 22, 2024

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 · Mar 20, 2024

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 · Mar 20, 2024

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 · Mar 20, 2024

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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