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FORGOTTEN HISTORY: 14 | History Defined

Extraordinary Relief and "Existing Law"

The Supreme Court has just vacated the Fifth Circuit's stay of a district court's preliminary injunction against HB20, Texas's new social media law by a 5-4 vote. Justice Alito (joined by Justices Gorsuch and Thomas) wrote a dissent. (Justice Kagan also noted that she would deny the stay, but did…

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

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Jonathan Bernstein: Republican judges don’t care for restraint

If you had any doubt that Republican objections to judicial activism would melt away if conservative judges gained the upper hand, Supreme Court Justice Samuel Alito and some of the judges on the U.S. Court of Appeals for the Fifth Circuit, in Texas, should put it to rest.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Bad Day in Court for the Administrative State

Fifth Circuit panel finds several constitutional problems with the Securities and Exchange Commission

Why the Texas Social Media Law is a Menace to Freedom of Speech

The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts..

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Court opens way for flood of Texas "censorship" lawsuits

Court opens way for flood of Texas "censorship" lawsuits

Texans are expected to start suing giants like Meta and YouTube over content moderation decisions they don't agree with.

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Fifth Circuit Panel Lifts Stay of the Texas Social Media Law

There's no opinion yet, and I don't know when one would be forthcoming, so it's hard to figure out what exactly will happen; but I thought I'd pass along the news. The law itself is here. https://twitter.com/RMFifthCircuit/status/1524488034657484800

Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

Justice Alito Sends Recorded Video Message To Fifth Circuit Judicial Conference

"Unfortunately personal attendance became impractical, and I apologize for everyone for the change in plans."

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighbors from hell, unvaccinated prison staff, and unconscionable sentences.

Short Circuit: A Roundup of Recent Federal Court Decisions

Negligent investigation, racketeering, and gambling in Vegas.

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Will the Supreme Court Consider the Social Cost of Carbon?

Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.

Short Circuit: A Roundup of Recent Federal Court Decisions

Heat waves, raucous parties, and cemetery discretion.

Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

Three mandatory bar association dues cases on SCOTUS’ April 1 conference list

The Supreme Court has 122 cases up for consideration during today’s conference, including three challenges to mandatory state bar association dues. Here’s a rundown of each of those cases. To follow along, keep an eye out for the order list to be posted here on Monday.

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South Texas College of Law SCOTUS Clinic Bests Yale Law School SCOTUS Clinic

In Houston Community College v. Wilson, Justice Gorsuch's unanimous decision faulted respondent for failing to file a cross petition.

Supreme Court Issues Stay, Favoring Navy, in Navy Seals COVID Vaccination Religious Exemption Case

In today's Austin v. U.S. Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of…

Short Circuit: A Roundup of Recent Federal Court Decisions

Straight teeth, prurient firefighters, and Fresh American Beef.

Fifth Circuit Stays Erroneous District Court Injunction Against Social Cost of Carbon Estimates

In a brief per curiam opinion, the Fifth Circuit concludes the plaintiff states lack standing to press their claims.

Short Circuit: A Roundup of Recent Federal Court Decisions

Twitter's content moderation, LBJ's lies, and a judge's ruse.

Fifth Circuit Refuses to Let Navy Enforce Vaccination Rules Against Religious Objectors

From U.S. Navy Seals 1-26 v. Biden, decided yesterday by the Fifth Circuit (by Judges Edith Jones, Kyle Duncan, and Kurt Engelhardt): The district court preliminarily enjoined the Department of Defense … from enforcing certain COVID-19 vaccination requirements against 35 Navy special warfare personnel and prohibited any adverse actions based…

Dampen The Fire On The Fifth Circuit

Generally, workplaces are not static. Over time, leaders with different styles come and go. Organizations are restructured. Workers who do not work out will leave, or are asked to leave. New blood is brought in to reinvigorate the organization. And, if the workplace is failing, eventually, the organization itself may…

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