Articles for 5Th Circuit

Here’s What’s Been Going On at the Supreme Court While We’ve All Been Distracted
2 weeks, 4 days ago

Here’s What’s Been Going On at the Supreme Court While We’ve All Been Distracted

Slate  

With its six-justice conservative supermajority, the Supreme Court has made a sharp right pivot in recent years, eliminating federal abortion rights, certain gun restrictions, and protections for the administrative state while also expanding executive power. The court’s conservative justices didn’t seem to see it this way though, with Justice Brett Kavanaugh arguing that “the Constitution doesn’t take sides on how …

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Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Deadline Dispute
1 month, 4 weeks ago

Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Deadline Dispute

CNN  

A federal appeals court judge in Mississippi has ruled that the state is violating federal law by counting mail ballots that arrive after Election Day. However, the ruling does not block the policy before the election, leaving it unclear if it will impact legal challenges to late-arriving ballots in other states.

Politics Law Elections Voting Mississippi
The Supreme Court Takes a Nuclear Waste Case Almost Too Wild to Believe
2 months, 1 week ago

The Supreme Court Takes a Nuclear Waste Case Almost Too Wild to Believe

Slate  

The Supreme Court took up a spate of new cases last week as the justices regrouped for a new term. Although the court is obviously trying to duck controversial disputes before Election Day, it took up some strange and important appeals—including a case that poses the curious question: What if a federal court—in this case, yet again, the hyper-reactionary U.S. …

Court Nuclear Congress Texas Storage Case Nuclear Waste
Finally, the Bad Guys Had a Bad Day at the Supreme Court
54 years, 11 months ago

Finally, the Bad Guys Had a Bad Day at the Supreme Court

Slate  

Lawyers with bad arguments in defense of terrible causes are on a winning streak at this Supreme Court. Justice Samuel Alito predictably tried to muddle this legal clarity, asking Prelogar: “If I put out on a counter some eggs, some chopped-up ham, some chopped-up pepper, and onions, is that a western omelet?” Prelogar said no, because unlike the parts in …

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The Supreme Court Gave Biden a Chance to Fight Disinformation. It’s Too Little, Too Late.
5 months, 3 weeks ago

The Supreme Court Gave Biden a Chance to Fight Disinformation. It’s Too Little, Too Late.

Slate  

The Supreme Court is losing its patience with hyperpartisan lower court judges who are eager to transform goofy political stunts into legitimate constitutional controversies. Barrett addressed this flaw, diplomatically writing in her opinion on Wednesday that “unfortunately,” many of Doughty’s factual findings “appear to be clearly erroneous.” She also admonished the 5th Circuit for relying on these bogus facts, citing …

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Supreme Court decisions: why the justices just made an 8-1 mad dash away from Clarence Thomas.
6 months ago

Supreme Court decisions: why the justices just made an 8-1 mad dash away from Clarence Thomas.

Slate  

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. These precedents were not meant to suggest a law trapped in amber.” Rather than hunt for perfect historical analogs, courts should ask “whether the challenged regulation is consistent with the principles that underpin our regulatory tradition.” If old laws regulated guns to “address …

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The Supreme Court’s Abortion Pill Ruling Should Satisfy Nobody
6 months, 1 week ago

The Supreme Court’s Abortion Pill Ruling Should Satisfy Nobody

Slate  

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. Now the Supreme Court has unanimously shot down the 5th Circuit and Kacsmaryk, an embarrassing rejoinder to these lower courts’ law-free militancy. That’s true even in a “healthcare desert, where other doctors are not readily available.” A doctor who opposes abortion, the court …

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Supreme Court CFPB: The judicial arsonists went too far for the conservative justices this time.
7 months, 1 week ago

Supreme Court CFPB: The judicial arsonists went too far for the conservative justices this time.

Slate  

The Supreme Court delivered a vehement smackdown to a rogue and lawless lower court on Thursday, upholding the Consumer Financial Protection Bureau’s funding structure by a 7–2 vote. SCOTUS’s docket is increasingly dominated by the 5th Circuit’s most nihilistic big swings, and Community Financial won’t be the last decision of the term that humiliates the lower court with a lopsided, …

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How Texas teens lost the one program that allowed birth control without parental consent
8 months, 2 weeks ago

How Texas teens lost the one program that allowed birth control without parental consent

Raw Story  

"How Texas teens lost the one program that allowed birth control without parental consent" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. We’ve seen parents get violent when their child talks about being sexually active.” Texas is in the …

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Texas immigration ruling puts spotlight on nation’s most conservative federal appeals court
9 months ago

Texas immigration ruling puts spotlight on nation’s most conservative federal appeals court

Associated Press  

NEW ORLEANS — A federal appeals court based in New Orleans has become a prime destination for conservatives pursuing legal strategies to bolster gun rights, stop abortion or — as was the case Wednesday — block immigration. ABORTION AND CONTRACEPTION Even before the Supreme Court’s decision overturning Roe v. Wade, 5th Circuit judges had a history of chipping away at …

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Even the Supreme Court’s Conservatives Are Fed Up With the Garbage Coming Out of the 5th Circuit
9 months ago

Even the Supreme Court’s Conservatives Are Fed Up With the Garbage Coming Out of the 5th Circuit

Slate  

What happens when a lawless judge and a terrible appeals court embrace the dopiest First Amendment claim you’ve ever heard out of pure spite toward a Democratic president? The case began when Missouri and Louisiana sued agencies and officials across the Biden administration, falsely accusing them of coercing social media companies into censoring their residents’ free speech. Doughty adopted the …

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Column: Elon Musk is suing to stop the government from enforcing labor laws. The Supreme Court might agree with him
10 months, 3 weeks ago

Column: Elon Musk is suing to stop the government from enforcing labor laws. The Supreme Court might agree with him

LA Times  

Elon Musk at SpaceX headquarters in Hawthorne: No fan of government regulations, but you knew that. — Catherine Fisk, UC Berkeley Now he’s trying what may be his most audacious flip-off to regulators yet: Faced with an accusation by the National Labor Relations Board that SpaceX improperly fired nine employees in 2022, among other illegal acts, the company, which is …

Labor Supreme Court Court Trump Regulatory Texas Case
The Supreme Court Just Took on Abortion Again. It Won’t End Well.
1 year ago

The Supreme Court Just Took on Abortion Again. It Won’t End Well.

Slate  

This is part of Opening Arguments, Slate’s coverage of the start of the latest Supreme Court term. The Supreme Court agreed on Wednesday to consider a challenge to access to mifepristone, the first drug used in medication abortion, teeing up the most important dispute over reproductive rights since Roe v. Wade’s reversal in June of 2022. Related From Slate The …

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Supreme Court agrees to rule on FDA’s approval of abortion pills sent by mail
1 year ago

Supreme Court agrees to rule on FDA’s approval of abortion pills sent by mail

LA Times  

Boxes of the drug mifepristone sit on a shelf at the West Alabama Women’s Center in Tuscaloosa, Ala., in March 2022. “Telehealth for medication abortion is safe and effective and helps people overcome barriers to care, whether it be long travel distances or getting time off from work or school.” It’s not clear, however, whether a Supreme Court ruling upholding …

Supreme Court Abortion Court Texas Fda Medication Pills
Tesla didn’t squelch United Auto Workers message when it cracked down on T-shirts, court says
1 year, 1 month ago

Tesla didn’t squelch United Auto Workers message when it cracked down on T-shirts, court says

Associated Press  

NEW ORLEANS — Automaker Tesla did not infringe on its workers’ rights to unionize when it ordered employees at a California assembly plant to stop wearing T-shirts emblazoned with the United Auto Workers logo, a federal appeals court has ruled. Circuit Court of Appeals threw out a 3-2 decision issued last year by the National Labor Relations Board, which had …

Court Tesla Union Panel 5Th Circuit Uaw Issued
Supreme Court will decide Biden-GOP clash over social media and COVID disinformation
1 year, 2 months ago

Supreme Court will decide Biden-GOP clash over social media and COVID disinformation

LA Times  

The Supreme Court agreed Friday to hear a second major case on social media and will decide whether the Biden White House violated the 1st Amendment when it urged platforms to take down “misinformation and disinformation” about COVID-19. “Government censorship of private speech is antithetical to our democratic form of government,” Justice Samuel A. Alito Jr., joined by Justices Clarence …

Social Media Social Supreme Court Court White House Free Speech Texas
The Supreme Court’s Conservatives Can’t Stop Falling for Phony Plaintiffs
1 year, 2 months ago

The Supreme Court’s Conservatives Can’t Stop Falling for Phony Plaintiffs

Slate  

This is part of Opening Arguments, Slate’s coverage of the start of the latest Supreme Court term. Alliance for Hippocratic Medicine v. FDA also reflects a disturbing new pattern at the nation’s highest court: Right-wing lawyers and activists are increasingly constructing straw man plaintiffs to stand in for conservative ideological interests, and the Republican-appointed justices are happy to play along. …

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This Supreme Court Term’s Grimmest Cases Share One Thing in Common
1 year, 2 months ago

This Supreme Court Term’s Grimmest Cases Share One Thing in Common

Slate  

This is part of Opening Arguments, Slate’s coverage of the start of the latest Supreme Court term. Wilson relied on the Supreme Court’s 2022 Bruen opinion, which held that modern gun restrictions are unconstitutional unless they possess a sufficient number of “historical analogues” from the 18th and 19th centuries. The same deranged boundary-pushing goes for every other 5th Circuit case …

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The Supreme Court Will Decide if Texas Is Allowed to Kill the Internet
1 year, 2 months ago

The Supreme Court Will Decide if Texas Is Allowed to Kill the Internet

Slate  

This is part of Opening Arguments, Slate’s coverage of the start of the latest Supreme Court term. The answer, which lies at the heart of a pair of cases the Supreme Court agreed to hear on Friday, could fundamentally alter the nature and operation of social media platforms and the internet itself. Reacting to complaints from the political right that …

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Column: Right-wing judges are on a mission to stop the FDA from warning consumers about snake oil
1 year, 2 months ago

Column: Right-wing judges are on a mission to stop the FDA from warning consumers about snake oil

LA Times  

A syringe of ivermectin that’s intended for use in horses only. “The FDA can inform,” the court said, “but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine.” That’s absurd, says Dorit Rubinstein Reiss, an expert on vaccine policy at University of California College of the Law, San Francisco, and the author of a withering analysis …

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Opinion: When is it wrong to urge social media platforms to take down false information?
1 year, 3 months ago

Opinion: When is it wrong to urge social media platforms to take down false information?

LA Times  

A decision on Friday by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit puts in jeopardy one of the few tools that exist to deal with false speech on the internet. The court ruled that the White House, the FBI, the surgeon general’s office and the Centers for Disease Control and Prevention cannot communicate with …

Social Media Opinion Media Social Court False Information False
Some abortion drug restrictions are upheld by an appeals court
1 year, 4 months ago

Some abortion drug restrictions are upheld by an appeals court

LA Times  

A patient prepares to take the first of two pills, mifepristone, for a medication abortion at a clinic in Kansas City, Kan., on Oct. 12, 2022. New restrictions on access to a drug used in the most common form of abortion in the U.S. would be imposed under a federal appeals court ruling issued Wednesday, but the Supreme Court will …

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Texas’ foot soldiers became federal judges under Trump — securing a conservative stronghold in America's courts
1 year, 4 months ago

Texas’ foot soldiers became federal judges under Trump — securing a conservative stronghold in America's courts

Raw Story  

For decades, an increasingly powerful movement of conservative lawyers, born from the Texas Office of the Attorney General, had been shouldering its way into the federal judiciary, filing lawsuit after lawsuit in an attempt to slowly reshape the nation’s jurisprudence to its liking. Brantley Starr, who worked under Cruz in the solicitor general’s office and “side by side” with Texas …

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Appeals court pauses order limiting Biden administration contact with social media companies
1 year, 5 months ago

Appeals court pauses order limiting Biden administration contact with social media companies

Associated Press  

NEW ORLEANS — A federal appeals court Friday temporarily paused a lower court’s order limiting executive branch officials’ communications with social media companies about controversial online posts. His injunction blocked the Department of Health and Human Services, the FBI and multiple other government agencies and administration officials from “encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or …

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