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The Latest Breaking News from the Fifth Circuit

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

Salon

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

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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.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

Joke "We Need You Brad Pitt" Post at Start of COVID Pandemic Protected by First Amendment

The post led to the author being arrested for "terrorizing"; so clearly unconstitutional that the police officer lacks qualified immunity, says the Fifth Circuit.

Reason

Fifth Circuit Affirms Just Hours After Oral Argument: Criminal Libel Arrest for Criticizing Police Officer …

was unconstitutional.

Reason

Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case

A federal appeals court has ruled that drug users shouldn’t automatically be banned from having guns, marking the latest sign of upheaval in the nation’s firearm legal landscape and raising questions about a law cited in the case against Hunter Biden

The Independent UK

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

Reason

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Reason

Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act

Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.

Reason

No Pseudonymity in Lawsuit by Employees Alleging Sexual Harassment by Casino Magnate Steve Wynn

From Doe v. Wynn Resorts Ltd., decided Monday by Magistrate Judge Cam Ferenbach (D. Nev.): Plaintiff Judy Does work at the Wynn/Encore Salon, and they claim that their employer allowed Steve Wynn to sexually harass them. In their ninety-two page third amended complaint, the Judy Does bring claims against Wynn…

Zenger

‌U.S. Court Of Appeals Dismisses Lawsuit Challenging Anti-BDS Law‌

The Fifth Circuit rules in favor of Texas, highlighting lack of standing and unenforceable language in the provision.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

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Reason

"'We Came Here to Exclude the Negro. Nothing Short of This Will Answer.'"

From Justice Jackson's opinion, joined by Justice Sotomayor, dissenting from the denial of certiorari today in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: "Let us tell the truth if it bursts the bottom of the Universe … We came here to exclude the…

Reason

S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders

The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February,…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fake Instagram accounts, offensive Facebook comments, and pro se parents.

Reason

Fifth Circuit Issues Administrative Stay Blocking District Court Decision Striking Down Obamacare Preventive Care Insurance Mandates

The stay is only temporary, and could be quickly lifted. But it's still a negative sign for the plaintiffs in the case.

Salon

Thank Clarence Thomas for gun madness

His Bruen gun rights decision is killing Americans every day

Reason

Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments

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.

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