Courts have a scriptural citation issue Some Fifth Circuit judges have trouble keeping separate church and state Salon · May 19, 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 Reason · May 10, 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. Texas Observer · May 6, 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 4, 2024
Federal Court Again Rejects Texas' Claim that Illegal Migration Qualifies as "Invasion" The ruling builds on the same court's two prior decisions to the same effect. Reason · Apr 28, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Bird poop, non-testimonial thumbs, and the heckler's veto. Reason · Apr 19, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Neighborhood character, three-judge district court panels, and a moldy office. Reason · Apr 12, 2024
Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use. Reason · Apr 8, 2024
Fifth Circuit Judges Clash Over Venue and Judge Shopping Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC. Reason · Apr 6, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Student loan forgiveness, critical infrastructure, and inexcusable incompetence. Reason · Apr 5, 2024
Fifth Circuit Rules Against Texas SB 4 Immigration Law In the process, the court also rejected Texas's argument that illegal migration and drug smuggling qualify as "invasion." Reason · Mar 27, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Nuclear waste, river cruises, and an exploding toilet. Reason · Mar 22, 2024
Solicitor General Takes Vaping to the Supreme Court The Department of Justice is asking the Supreme Court to review the Fifth Circuit's Rejection of the FDA's "Surprise Switcheroo." Reason · Mar 22, 2024
Reason · Mar 20, 2024 Justice Barrett's concurrence in McCraw will increase the number of emergency appeals on the Shadow Docket The Shadow Docket giveth, The Shadow Docket taketh away
Reason · Mar 19, 2024 The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.
Reason · Mar 19, 2024 Court Should Focus on Coercion in Murthy v. Missouri The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.
Reason · Mar 13, 2024 The Judicial Conference Legislates From The Shadow Docket The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.
Reason · Mar 8, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Odor ordinances, woke training, and legislator walkouts.
Reason · Mar 8, 2024 Revenge Porn Dispute Can't Be Completely Sealed The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.
Reason · Mar 1, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions The wheels of justice, the administration of justice, and a disparaging racehorse.
Reason · Feb 19, 2024 Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads (Repost from 2022) Reposting a thought I had after the Fifth Circuit's decision.
Reason · Feb 9, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Citizen Trump, political chalking, and rough business.
Reason · Feb 2, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.
Reason · Jan 26, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community.