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. Reason · Mar 19, 2024
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. Ballotpedia · Mar 19, 2024
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 · Mar 19, 2024
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 · Mar 16, 2024
FAQs re Murthy v. Missouri Philip Hamburger on How to Understand this Free Speech Case Reason · Mar 14, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Final decisions, accidental strip searches, and puppycide. Reason · Feb 23, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Jurisdictional bollards, standingripemootness, and a pretty good en banc grant. Reason · Feb 16, 2024
No, Texas Has Not "Defied" The Supreme Court Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better. Reason · Jan 29, 2024
The Judges Who Ruled Against La Gordiloca Are Criminalizing Watchdog Journalism The Fifth Circuit Court of Appeals threw out a lawsuit by Laredo’s most famous citizen journalist, Priscilla Villarreal, aka La Gordiloca. Texas Observer · Jan 24, 2024
SCOTUS hears oral argument in challenge to Chevron deference 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. Ballotpedia · Jan 19, 2024
Fifth Circuit Grants En Banc Rehearing to Case Where Texas Claims Immigration and Drug Smuggling Qualify as "Invasion" The court could potentially resolve the case without addressing the invasion arguments. Reason · Jan 17, 2024
Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them. Reason · Jan 16, 2024
Robe & Gavel: SCOTUS begins first week of January 2024 sitting Welcome to the Jan. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S. Ballotpedia · Jan 8, 2024
En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo" Another significant court loss for the Food & Drug Administration's arbitrary approach to regulating vaping products. Reason · Jan 3, 2024
The Independent UK · Jan 3, 2024 Fifth Circuit allows Texas to deny emergency abortions Department of Health and Human Services argued hospitals were required to perform emergency abortions to paitents under federal statue
Reason · Dec 19, 2023 The One Sentence From Arizona v. United States That You Need To Know For Texas's New Immigration Law (Updated) "There is no need in this case to address whether reasonable suspicion of illegal entry or another immigration crime would be a legitimate basis for prolonging a detention, or whether this too would be preempted by federal law."
Reason · Dec 18, 2023 Fifth Circuit Rules that Victims' Families' Challenge to the Boeing Deferred Prosecution Agreement is "Premature" The Fifth Circuit concludes that the violations of the Crime Victims Rights Act can provide grounds for refusing to dismiss the conspiracy charges against Boeing ... in later proceedings.
Reason · Dec 13, 2023 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 · Nov 27, 2023 The Myth of the Federal Private Nondelegation Doctrine, Part 1 Serial-blogging my recent article in the Notre Dame Law Review
Reason · Nov 24, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions Solar panels, bullet fragments, and private rights of action.
Reason · Nov 22, 2023 It's Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi a contrary view to Josh's
Reason · Nov 22, 2023 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 · Nov 21, 2023 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 · Oct 31, 2023 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.