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The Latest Breaking News from the Fifth Circuit

The Good and Bad of the Fifth Circuit's Abortion Pill Ruling

The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.

Unikowsky on the Fifth Circuit's Mifespristone Decision

Another essential post.

Louisiana Loses Social-Cost-of-Carbon Lawsuit in the Fifth Circuit (Again)

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

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Short Circuit: A Roundup of Recent Federal Court Decisions

Disparaging scientists, disappearing warrants, and disgruntled lawyers.

Viewpoint-Based Removal of Books from Public Library Violated First Amendments, Holds District Court

From Little v. Llano County, decided yesterday by Judge Robert Pitman (W.D. Tex.): In early July 2021, prior to their appointment to the New Library Board, Defendants Rochelle Wells, Rhonda Schneider, Gay Baskin, and Bonnie Wallace were part of a community group pushing for the removal of children's books that…

Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Government

The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.

Short Circuit: A Roundup of Recent Federal Court Decisions

Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.

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Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application

Another opinion exposing the Food and Drug Administration's vaping problem.

Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc?

The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…

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