Second Circuit weighs in on CFPB funding structure 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 · Apr 26, 2023
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 · Apr 22, 2023
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… Reason · Apr 22, 2023
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. WEKU · Apr 21, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Butter or spray; liars and bad cops; and SecretAgentRandyBeans. Reason · Apr 21, 2023
Reed v. Goertz, California v. Texas, and WWH v. Jackson Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent. Reason · Apr 20, 2023
Abortion pill case deadline extended The Supreme Court is ruling on a district court's attempt to ban the abortion pill mifepristone Salon · Apr 19, 2023
Medication abortions still in limbo Legal experts weigh in on what to expect with the mifepristone case this week Salon · Apr 18, 2023
Short Circuit: A Roundup of Recent Federal Court Decisions Vaccinated jurors, a parking monopoly, and plant-based meat. Reason · Apr 14, 2023
A new abortion pill ruling is super bad The 5th Circuit judges nodded approval of a 19th century federal law that was used to ban books and birth control Salon · Apr 14, 2023
The Good and Bad of the Fifth Circuit's Abortion Pill Ruling The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing. Reason · Apr 14, 2023
Unikowsky on the Fifth Circuit's Mifespristone Decision Another essential post. Reason · Apr 13, 2023
Louisiana Loses Social-Cost-of-Carbon Lawsuit in the Fifth Circuit (Again) The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates Reason · Apr 5, 2023
Reason · Mar 31, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions Disparaging scientists, disappearing warrants, and disgruntled lawyers.
Reason · Mar 31, 2023 Viewpoint-Based Removal of Books from Public Library Violated First Amendments, Holds District Court From Little v. Llano County, decided yesterday by Judge Robert Pitman (W.D. Tex.): In early July 2021, prior to their appointment to the New Library Board, Defendants Rochelle Wells, Rhonda Schneider, Gay Baskin, and Bonnie Wallace were part of a community group pushing for the removal of children's books that…
Reason · Mar 25, 2023 Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Government The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.
Reason · Mar 24, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.
Reason · Mar 24, 2023 Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application Another opinion exposing the Food and Drug Administration's vaping problem.
Reason · Mar 17, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions Herring monitors, state-created dangers, and kicking out the jams.
Reason · Mar 15, 2023 Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc? The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…
Reason · Mar 11, 2023 David Lat on the Stanford Law School Disruption of Speech by Fifth Circuit Judge Kyle Duncan David Lat's Original Jurisdiction newsletter has, as usual, excellent and detailed coverage. I started quoting but then realized that I couldn't excerpt it and still do the matter justice; and quoting the whole thing would be unfair to Lat as an author. I therefore very much encourage you to read…
Reason · Mar 10, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions Speedy trials, political advertising, and horseracing.
Reason · Mar 4, 2023 Department of Justice v. Texas Judges Does DOJ actually agree with "a couple of law professors beating a drum on Twitter"?
Reason · Mar 3, 2023 Judge James Ho's Revised Concurrence in the Second Amendment / Restraining Order Case Yesterday, the Fifth Circuit released an updated version of its opinion in U.S. v. Rahimi, which held that people can't be disarmed just based on a civil restraining order. The changes to the majority are comparatively minor, but Judge Ho used the release of the new opinion as an occasion…