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THE TRUTH ABOUT: 11 - The Untold Story

The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Reason · Jun 27, 2024

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason · Jun 27, 2024

The Supreme Court's Dangerous Standing Ruling in Murthy v. Missouri

The standing requirements laid down by the majority might make it extremely difficult or impossible for victims of indirect goverment censorship to get their cases to court.

Reason · Jun 26, 2024

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The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason · Jun 26, 2024

SCOTUS helps GOP frame "deranged" cases

Conservative justices are dropping "hints" for conservative legal activists going forward

Salon · Jun 26, 2024

Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

Reason · Jun 26, 2024

Two Braidswood Cases From The Fifth Circuit Are Bound For SCOTUS (Updated)

A RFRA defense to Title VII and a new Appointments Clause challenge.

Reason · Jun 25, 2024

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Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason · Jun 25, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

John, Paul, George, and Ringo; foreign agents; and warrantless home searches.

Reason · Jun 21, 2024

Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason · Jun 20, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

Reason · Jun 14, 2024

Lawsuit: Biden Administration Rules That Make Dishwashers, Laundry Machines Worse Also Illegal

The plaintiffs argue that the Department of Energy has no legal authority to impose its own water use limits on energy-consuming home appliances.

Reason · Jun 14, 2024

The Ignored Aesthetic Standing Argument In FDA v. Alliance for Hippocratic Medicine

The fauna that did not bark, the flora that did not bloom.

Reason · Jun 14, 2024

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason · Jun 13, 2024

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Reason · Jun 7, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason · Jun 7, 2024

Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"

From today's decision in Carter v. Southwest Airlines, Inc. (consolidated with Carter v. Local 556, Transport Workers Union of Am.), decided today by Judge Edith Brown Clement, Kurt Engelhardt, and Cory Wilson (for my earlier post on the case, see here): On August 7, 2023, the district court held Southwest…

Reason · May 31, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Salon · May 19, 2024

Courts have a scriptural citation issue

Some Fifth Circuit judges have trouble keeping separate church and state

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Reason · May 16, 2024

Austin Judges Shop For Cases With "Mutual Consent"

Cases in the Austin Division of the Western District of Texas are not "randomly" assigned.

Reason · May 16, 2024

Louisiana SG Seeks Initial En Banc in 5th Circuit On Whether Section 2 of VRA Has Implied Private Right of Action

"Appellants thus seek to advance judicial economy—as this Court has done—through 'initial en banc hearing … without requiring the matter to percolate uselessly through a panel.'"

Reason · May 10, 2024

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason · May 10, 2024

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Texas Observer · May 6, 2024

Small-Town Politics, National Consequences

A power struggle in the suburban enclave of Castle Hills got so bad that the Supreme Court is being asked to clarify the definition of retaliatory arrests.

Reason · May 4, 2024

Interesting Fifth Circuit Denial of Qualified Immunity to Police Officers

From Hughes v. Few, decided yesterday by Judge Andrew Oldham, joined by Judges E. Grady Jolly and Kurt Engelhardt; for the details, read the opinion itself: For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up. Austin Thompson Hughes is a Good Samaritan. After 2:30…

Reason · May 1, 2024

Supreme Court Won't Stop Texas Porn Law From Taking Effect

"We will continue to fight for the right to access the internet without intrusive government oversight," says the group challenging the law.

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