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The Latest Breaking News from the Fifth Circuit

BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision

The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.

Reason

The Myth of the Federal Private Nondelegation Doctrine, Part 1

Serial-blogging my recent article in the Notre Dame Law Review

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Solar panels, bullet fragments, and private rights of action.

Reason

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It's Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi

a contrary view to Josh's

Reason

Second Amendment Roundup: Judge Ho 2.0

If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

Reason

A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit

Courts are "not insensitive to domestic violence" but are "sensitive to the constitutional rights of the accused."

Reason

Rahimi, Meenie, Miney, Mo

Will Garland v. Range be the way to go?

Reason

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Second Amendment Roundup: "Do as I Say, Not as You Ruled"

Merrick Garland tells Supreme Court to apply his new, vague test, not Bruen decision.

Reason

New Article: The General Law Right to Bear Arms

with implications for the pending Supreme Court case of United States v. Rahimi

Reason

Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition

School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.

Reason

Court Agrees to Hear Missouri v. Biden Federal Government / Social Media Case

From today's order and accompanying opinion in Murthy v. Missouri: The application for stay … is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana … as modified by the United States Court of Appeals for the Fifth…

Reason

Is the Fifth Circuit Becoming the New Ninth?

The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.

Reason

Defendant Attempting to Permanently Seal the Entire Record in a Pending "Revenge Porn" Case

From a memorandum supporting a motion to permanently seal the entire case in Doe v. Crawford (S.D. Miss.): Adopting the pseudonym "Jane Doe," Plaintiff filed this case against Defendant Crawford pursuant to 15 U.S.C. § 6851. She alleges Crawford engaged in "revenge porn" by transmitting a sexually intimate photograph of…

Reason

California Trial Court Allows First Amendment Claim Against L.A. Department of Public Health …

to go forward based partly on allegations that "DPH caused the suspension of [Alliance of Los Angeles County Parents'] Twitter Account."

Reason

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Reason

Technology and Terror

Episode 475 of the Cyberlaw Podcast

Reason

My amicus brief in today's Fifth Circuit horseracing case

The Horseracing Integrity and Safety Authority has an Appointments Clause problem.

Reason

Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws

The laws require major social media platforms to host content they disapprove of for substantive reasons.

Reason

Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments

The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.

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Salon

Trump is using guns to send a message

He paid visit to the firearm shop that sold a rifle to the Jacksonville shooter and claimed to have made a purchase

Reason

Fifth Circuit Panel Reconsidering Part of Its Missouri v. Biden Decision

[UPDATE: Don't blog when tired or in a hurry! I regret to say the original post erroneously said the Fifth Circuit granted rehearing en banc -- the panel just granted panel rehearing, and I've corrected the post accordingly. My apologies for the error.]

Reason

Free Speech, Social Media Firms, and the Fifth Circuit

The Fifth Circuit was right to rule it was illegal for the federal government to coerce social media firms, but wrong to uphold a Texas law requiring those firms to post material they prefer to keep out.

Reason

Federal Government Improperly "Coerced" and "Significantly Encouraged" Certain Speech Restrictions by Social Media Platforms

In yesterday's decision in Missouri v. Biden, the Fifth Circuit (Judges Edith Clement, Jennifer Elrod, and Don Willett) held that the federal government violated the First Amendment by causing social media platforms to block posts on various topics (including "the COVID-19 lab-leak theory, pandemic lockdowns, vaccine side-effects, election fraud, and…

Reason

Federal Court Rules Against Texas in Case Where State Claimed Immigration and Drug Smuggling Qualify as "Invasion"

The court ruled that the definition of "invasion" is a political question, and that Texas therefore could not rely on the Invasion Clause to justify placing buoys in the Rio Grande River in defiance of federal law.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Detroit's forfeiture machine, major nuclear questions, and copyrightable materials.

Reason

The Fifth Circuit on the "Trump Train" / Biden-Harris Bus Lawsuit

The lawyer's true superpower is to turn every case into a case about procedure.

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