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The Latest Breaking News from Fifth Circuit

Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools

The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.

Reason

"Terrifying" court let abusers keep guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling

Salon

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

The Texas Tribune

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"Originalism" will likely kill women

A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

Salon

Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals?

The Evarts Act of 1892 established the modern-day circuit courts of appeals.

Reason

Abortion and the 13th Amendment

Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

Reason

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Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bogus arrests, bogus charges, and bogus seizures.

Reason

Fifth Circuit declines to apply Chevron deference in bump stock ruling

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

Short Circuit: A Roundup of Recent Federal Court Decisions

Sex trafficking, child-pornography solicitation, and FERC.

Reason

Fifth Circuit Grants En Banc Rehearing to Challenge to FDA Rejection of Vaping Products

Another potential legal setback for the FDA's attempt to regulate electronic cigarettes as tobacco products.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Florida riots, MAGA hats, and an eyeball tasing.

Reason

Jen Psaki Was "Apex" Official Who Should Generally Not Be Subject to a Deposition

This is in Missouri's and Louisiana's suit alleging various government officials "are infringing the First Amendment by coercing social media platforms to censor speech."

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Cicero, Bentham, Coke, and Kierkegaard.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Feather bans, tent curtilage, and youngsters and their sweets.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Reason

The Federal Government Can't Seem to Decide How the CFPB Is Funded

The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Ballotpedia

Checks and Balances November 2022

Reason

The Horseracing Case, Part 3: How Carter Coal Is Misunderstood

Despite a recent Fifth Circuit case, Carter v. Carter Coal Co. (1936) doesn't limit private delegations.

Reason

The Horseracing Case and How It Misunderstands Private Delegation

Despite a recent Fifth Circuit case, there is no private nondelegation doctrine.

Reason

Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity

A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Grains of sand, detachable pockets, and genuine obliviousness.

Reason

Texas AG Needn't Testify in Case Alleging Texas Intends to Punish Participation in Out-of-State Abortions

The panel relies on, among other things, "the Apex doctrine."

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