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The Latest Breaking News from Fifth Circuit

Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now

The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.

Reason

Justice Alito Extends Administrative Stay of Mifepristone Order

The justices will consider what to do with the Fifth Circuit's mifepristone order for af ew more days

Reason

The Mifepristone Briefs Are In, But One Dog Did Not (Yet) Bark

It appears the Supreme Court will decide the fate of telemedicine prescriptions for mifepristone without the benefit of an FDA filing.

Reason

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Justice Alito Enters Administrative Stay of Mifepristone Order

The Court responds to the mifepristone shadow docket filings.

Reason

Mifepristone Returns to the Shadow Docket

Drug makers seek interim relief after the U.S. Court of Appeals for the Fifth Circuit blocks FDA rule allowing mifepristone prescriptions via telemedicine. (With Update Below.)

Reason

Sixth Circuit Upholds Federal Law Banning Home Alcohol Distilleries, Creating a Circuit Split

The decision is at odds with a recent ruling by the Fifth Circuit.

Reason

A Narrow Resolution on Geofence Warrants?: A Thought on Chatrie

The first in a series.

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Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.

Reason

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

Brotherly crooks, dueling bourbons, and a law from 1785.

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"What Does It Mean To Be A Christian On The Bench?"

"A Conversation with Matthew J. Kacsmaryk and James C. Ho"

Reason

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

Permissible ingredients, mandatory detention, and burrowing mites.

Reason

Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment

In U.S. v. Williamson, Fifth Circuit Judges Jacques Wiener, Don Willett, and Cory Wilson followed Fifth Circuit precedent in holding… The post Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment appeared first on Reason.com.

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Justice Sotomayor on the Freedom of the Press and the Right to Ask Questions

The Justice largely agrees with Fifth Circuit Judge James Ho's dissenting opinion below, but writes alone in dissenting from the Supreme Court's decision not to consider the case.

Reason

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

Civil unrest, true threats, and South Carolina receptions.

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The Fifth Circuit and the Louisiana 10 Commandments Law

The en banc court pushes pause--for now

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Interesting Dissent in American Indian Religious Case Under Texas RFRA

From a dissent from rehearing en banc Friday in Perez v. City of San Antonio, by Fifth Circuit Judge Andrew… The post Interesting Dissent in American Indian Religious Case Under Texas RFRA appeared first on Reason.com.

Reason

Unripe Septics, Unripe Commandments, and Technological Advances

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

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

Shooting in a car, discrimination in the air, and injuries at sea.

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Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking

From La Union del Pueblo Entero v. Abbott, decided today by Judge Edith Jones, joined by Judge Kurt Engelhardt and… The post Fifth Circuit Comments on District Judge's Discussion of Using AI in Judicial Decisionmaking appeared first on Reason.com.

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Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?

In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.

Reason

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

Citizen flag poles, mega-appeals, and land acknowledgments.

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John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

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

Horseracing integrity, beneficial owners, and bills of attainder.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

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

Forbidden vehicle pursuits, forbidden hand-washing pics, and Epic injunctions.

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