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The Latest Breaking News from Fifth Circuit

Our Fifth Circuit Alien Enemies Act Amicus Brief

The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Book burning, hit pieces, and marijuana's historical pedigree.

Reason

Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech

As I noted yesterday, a ten-judge Fifth Circuit majority held that the Free Speech Clause doesn't secure a right of… The post Seven Fifth Circuit Judges on Public Library Selection and Curation Decisions as Government Speech appeared first on Reason.com.

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Helicopter accidents, nasty feuds, and serial lies.

Reason

The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint

The Fifth Circuit decision holding that libraries may remove books based on the books' viewpoint may lead some to ask:… The post The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint appeared first on Reason.com.

Reason

MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas

"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"

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Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

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Alleged Unindicted Coconspirator in Kickback Scheme Can't Get Name Redacted from Court Opinion

The person had been a high-level executive in General Electric's African operations.

Reason

First Amendment Challenge to Texas State University Speech Code Can Go Forward

From today's Fifth Circuit decision in Speech First, Inc. v. McCall, written by Judge James Ho and joined by Judges… The post First Amendment Challenge to Texas State University Speech Code Can Go Forward appeared first on Reason.com.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Non-citizen soldiers, habeas runarounds, and all federal law.

Reason

The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper

Fifteen judges produce eight separate opinions—but no view gets a majority.

Reason

The Timing of the 5th Circuit's Ruling in A.A.R.P. v. Trump

The 5th Circuit and Supreme Court decided the case at *exactly* the same time.

Reason

The Procedural Posture of A.A.R.P. v. Trump

The Fifth Circuit and SCOTUS ruled at approximately the same time.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A judge-on-judge benchslap, a pharmaceutical kickback, and a direct descendant of the Kings of France.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

White House press passes, Wikipedia edits, and same-sex weddings.

Reason

Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

VHS rentals, true-crime documentaries, and IT techs in the jury room.

Reason

White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented

It is very easy to reverse a court when you exclude virtually every argument from consideration.

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Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Corner crossing, prison typewriting, and an interview with Webster Bivens.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Intellectual strait jackets, vulgar language, and dodging judicial inquiry.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles outbreaks, navigable rivers, and a winey circuit split.

Reason

More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit

For nearly four years, there was a never-ending drumbeat about how the Fifth Circuit was an existential threat to the… The post More On Unpublished Opinions And En Banc Stratagems In The Fifth Circuit appeared first on Reason.com.

Reason

Fifth Circuit Panel Issues 24-Page Unpublished Opinion In Favor Of Planned Parenthood and Reverses Judge Kacsmaryk⁩

Is this opinion a "one and done" decision to evade en banc review?

Reason

Justice Gorsuch on the Right to Trial by Jury and Restitution

From Justice Gorsuch's dissent from denial of review today in Rimlawi v. U.S.: The Fifth Circuit held that a judge… The post Justice Gorsuch on the Right to Trial by Jury and Restitution appeared first on Reason.com.

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