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The Latest Breaking News from Fifth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Butterfly knives, and prison atrocities, and a clueless detective.

Reason

Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

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Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Moot beaches, sparking the French Revolution, and cash-bail advocacy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Cooperative subjects, an unwanted text message, and hunting in a national forest.

Reason

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Victoria University politics betting site gets temporary reprieve

A decision on the future of Victoria University’s political betting site PredictIt remains in the balance as the Fifth Circuit court agrees to allow it to keep trading for a bit longer.

Newsroom.co.nz

Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act

Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Deposition misconduct, grumpy interrogatories, and protesting the Lawyers' Mall.

Reason

Originalism in the Lower Courts: Fifth Circuit Panel Invites Amicus Briefs on Second Amendment

"Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals."

Reason

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Reason

Deep in the Heart of Galveston

In Texas, there are several single-judge divisions. Over the past few years, I've written about those courts in places like Amarillo, Victoria, Wichita Falls, and Lubbock. But one single-judge division, which is closest to home, has not attracted nearly as much attention. The Galveston Division of the Southern District of…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Police baptisms, candy crushing, and reasonable violations of clearly established law.

WEKU

The abortion pill mifepristone has another day in federal court

While a Supreme Court order continues to ensure the drug is still widely available, the issue returned Wednesday to the Fifth Circuit Court of Appeals as lawyers for both sides urged the court to act.

Reason

Fifth Circuit Issues Administrative Stay Blocking District Court Decision Striking Down Obamacare Preventive Care Insurance Mandates

The stay is only temporary, and could be quickly lifted. But it's still a negative sign for the plaintiffs in the case.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Sidewalks to nowhere, vitriolic deliberations, and precedential nonprecedents.

Reason

Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments

The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Loss and woe.

Reason

How Will the Mifepristone Case Get Back to the Supreme Court?

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Reason

The Supreme Court's Mifepristone Stay

Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…

WEKU

Supreme Court blocks lower court decision in case on FDA approval of abortion pill

The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Butter or spray; liars and bad cops; and SecretAgentRandyBeans.

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