A Supreme Court Case Underlines the Absurdity of the Federal Ban on Home Distilling Criminalizing the hobby is morally indefensible and inconsistent with the treatment of wine and beer. Reason · Oct 28
2 Recent Cases Illustrate the Limits of a Doctrine That Often Blocks Civil Rights Claims Federal appeals courts rejected qualified immunity for cops and a judge who flouted longstanding constitutional principles. Reason · Oct 21
Trump Administration Urges SCOTUS To Uphold Federal Ban on Distilling Liquor at Home The justices will decide the case later this term. Reason · Oct 20
Mifepristone Access by Mail Continues as FDA Tells Louisiana Court Its Safety Review Should Finish by March 2027 The FDA told a Louisiana federal court that its mifepristone safety review should finish by March 2027. Telehealth and mail access remain in place for now. Medical Daily · Oct 9
Texas college campus protest law faces First Amendment challenge A federal appeals court will consider whether restrictions on protests at Texas’ public universities and colleges violate constitutional rights. The Texas Tribune · Oct 6
The 5th Circuit Rejects Qualified Immunity for Cops Who Searched a Driver After a Bogus Traffic Stop "It is clearly established that an officer cannot pull someone over without reasonable suspicion and thereafter concoct a fabricated traffic violation," the appeals court says. Reason · Sep 28
Police in Texas Totaled an Innocent Woman's Car. Why Did Houston Deny Her Claim for Compensation? Law enforcement shot bystander Abigail Trujillo's vehicle dozens of times. Her struggle to get help is part of a larger pattern. Reason · Sep 27
Texas A&M drag ban cases before federal judges after conflicting rulings Student groups in two cases concerning drag performances on Texas A&M System campus venues argue the bans violate First Amendment protections. The Texas Tribune · Sep 23
Second Amendment Roundup: 5th Circuit En Banc to Rehear Felon Gun Ban Cases Two cases raise Commerce Clause and Second Amendment issues. Reason · Sep 18
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct. Reason · Sep 11
Appeals Judges Question Louisiana's Legal Standing as Mail Access to Mifepristone Stays in Place Nationwide for Now A 5th Circuit panel questioned Louisiana's standing in its mifepristone case. Telehealth access continues for now. What patients should know. Medical Daily · Sep 10
Appeals Court Grants Immunity to Texas Cops Who Held Handcuffed Woman Face Down in a Fire Ant Hill The Fifth Circuit Court of Appeals ruled that Taylor Rogers didn't show that it was clearly established that it was excessive force to be held down on a pile of fire ants while handcuffed. Reason · Sep 9
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment. Reason · Aug 31
Texas’ limits on certain drag shows ruled unconstitutional again A federal judge reasserted his 2023 ruling that the U.S. 5th Circuit Court of Appeals sent back for reconsideration. The law went into effect in March as the case proceeded. The Texas Tribune · Aug 25
The Independent UK · Aug 17 Supreme Court asked to review Texas law requiring the Ten Commandments in public schools Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments
Reason · Jul 20 New Jersey's Bans on Commonly Owned Rifles and Magazines Are Unconstitutional, the 3rd Circuit Says In a decision written by a Joe Biden nominee, the appeals court addresses a long-simmering issue that the Supreme Court will consider during its next term.
Reason · Jul 2 The 5th Circuit Says a Houston Cop Reasonably Killed 2 Innocent People Falsely Accused of Selling Heroin The officer's avowed reasons for killing Dennis Tuttle and Rhogena Nicholas were contradicted by the physical evidence.
Reason · Jun 24 SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment The decision is a modest but welcome step toward rectifying the injustice of criminalizing conduct that violates no one’s rights.
The Conversation · Jun 23 Medication abortion: Decisions from federal courts, the FDA or Trump’s Department of Justice could try to end access via telehealth Roughly two-thirds of Americans end their pregnancies by taking two abortion medications – misoprostol and mifepristone. Because these safe, effective medications can be prescribed via telehealth, without an in-office visit, they are how most patients terminate pregnancies in states that ban abortion.
Reason · Jun 18 Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.
Reason · Jun 17 Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity. Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.
The Texas Tribune · Jun 4 New hearing denied in fight over Texas law that gave undocumented students in-state tuition A federal judge blocked the Texas Dream Act in June after it was challenged by the Trump administration and state officials declined to defend it.
Reason · May 22 A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice. Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
Reason · May 13 A Circuit Split Gives SCOTUS an Opportunity To Overturn a Federal Law That Makes Home Distilling a Felony The 6th Circuit upheld that 158-year-old law, while the 5th Circuit concluded it could not be justified as a revenue measure.
Reason · May 12 How the ACLU Started Defending the Second Amendment The civil liberties group, which long maintained that there is no constitutional right to arms, is singing a different tune at the Supreme Court.