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Fifth Circuit

All articles tagged with #fifth circuit

legal-civil-rights1 year ago

"Supreme Court Rulings Impact Black Lives Matter Activists' Rights"

The Supreme Court declined to hear Mckesson v. Doe, leaving intact a lower court decision that effectively eliminates the right to organize mass protests in Louisiana, Mississippi, and Texas. The decision holds protest organizers financially responsible for illegal acts committed by attendees, a ruling criticized for its potential to stifle political protests. The Court's inaction allows the Fifth Circuit's controversial decision to stand, posing significant legal risks for protest organizers in the American South.

via Vox.com|
#civil-rights#fifth-circuit#first-amendment
law-and-justice1 year ago

"Fifth Circuit's Judge Shopping Concerns Threaten Major Cases"

The US Court of Appeals for the Fifth Circuit is facing challenges as parties attempt to move high-profile cases out of its jurisdiction, prompting concerns about judge shopping. The circuit is considering requests to block the transfer of cases involving the Consumer Financial Protection Bureau and Elon Musk's SpaceX. Legal experts note that the bar for an appeals court to reverse a transfer order is high, and the circuit's recent actions may give the impression that it is trying to retain major cases within its jurisdiction. The venue issue has become more visible, with attorneys aggressively pushing for transfers out of the Fifth Circuit. The court's handling of these cases has raised concerns about the message it is sending and the potential impact on future litigation.

via Bloomberg Law|
#fifth-circuit#judge-shopping#jurisdiction
law-and-politics1 year ago

"Supreme Court's Impact on Free Speech and Social Media in 2024 Election"

The Supreme Court heard oral arguments in the case of Murthy v. Missouri, where the Fifth Circuit had issued an injunction forbidding the federal government from communicating with social media companies. Justice Brett Kavanaugh expressed skepticism about the injunction, noting that it would hinder routine government interactions with the media. The case involves government requests to remove content, including Covid-19 misinformation, from social media platforms. Justices Kagan and Kavanaugh, both with White House experience, criticized the Fifth Circuit's attempt to limit government-media communication. The Court's center left and center right justices appear likely to reject the injunction, recognizing the need for the government to function.

via Vox.com|
#biden-administration#brett-kavanaugh#fifth-circuit
legalenvironmental-regulation1 year ago

"Federal Court Pauses SEC Climate Disclosure Rules, Sparks Investor Debate"

The U.S. Court of Appeals for the Fifth Circuit granted Liberty Energy’s request for an administrative stay against the Securities and Exchange Commission’s corporate climate risk and emissions disclosure rule, which requires medium-sized and large public corporations to disclose climate change-related risks and emissions data in financial reports. The court's decision temporarily halts the implementation of the rule, following legal challenges from companies and Republican state attorneys general, as well as criticism from environmental groups for not being aggressive enough.

via Daily Caller|
#biden-administration#corporate-emissions-disclosure#fifth-circuit
politics2 years ago

"Texas Court Allows Floating Border Barrier to Remain Until Legal Battle Ends"

A federal appeals court has temporarily reversed an order requiring Texas to remove a floating barrier at the border to curb the flow of illegal immigrants, allowing the buoys to stay until May. Texas Attorney General Ken Paxton secured an en banc rehearing by the U.S. Court of Appeals for the Fifth Circuit, arguing that the buoy system was deployed to reduce unvetted migrant crossings. The Biden administration had challenged the barrier, citing legal and humanitarian concerns, but the Fifth Circuit's decision to grant an en banc hearing means the order to move the buoys will continue to be stayed until the argument in May 2024.

via Fox News|
#biden-administration#border-security#fifth-circuit
politics2 years ago

Supreme Court Grapples with Controversial Court Order Impacting House Race

Two right-wing judges on the United States Court of Appeals for the Fifth Circuit, Judges Edith Jones and James Ho, issued a legally inexplicable order using a "writ of mandamus" to cancel a hearing in a long-running lawsuit alleging racial gerrymandering in Louisiana's congressional maps. The order, seen as an attempt to preserve Republican control of the US House of Representatives, could potentially delay the case long enough to keep GOP-friendly maps in place during the 2024 election cycle. The Supreme Court is expected to hear several cases this term that may reverse the Fifth Circuit's decisions, including one where the Fifth Circuit declared an entire federal agency unconstitutional.

via Vox.com|
#fifth-circuit#gerrymandering#politics
politics2 years ago

Federal Appeals Court Overturns Mississippi's Lifetime Voting Ban for Felony Convictions

The United States Court of Appeals for the Fifth Circuit has struck down Mississippi's lifetime voting ban for individuals with felony convictions, ruling it as unconstitutional and a "cruel and unusual punishment." The ban, derived from the state's 1890 constitution, disproportionately affected Black Mississippians. The court's decision will restore the voting rights of tens of thousands of Mississippians who were previously disenfranchised. The ruling stated that the ban serves no protective function to society and denies a precious right to a large class of citizens.

via ABC News|
#disenfranchisement#felony-convictions#fifth-circuit
politics2 years ago

Conservative Court to Hear Abortion Pill Battle

The legal status of the abortion drug mifepristone will be debated before the conservative U.S. Court of Appeals for the Fifth Circuit, which has jurisdiction over Texas, Louisiana, and Mississippi. The court is expected to be skeptical of the Food and Drug Administration's efforts to ease access to the drug, which is used in more than half of recent abortions in the United States. The case, brought by a group of medical organizations and doctors who oppose abortion, could have far-reaching implications for access to abortion and the FDA's regulatory approval of other medications. The Fifth Circuit has already proved receptive to abortion restrictions and has become a testing ground for some of the most contentious policy fights in the nation.

via The New York Times|
#abortion#fda#fifth-circuit
politics2 years ago

Supreme Court to Decide Fate of Abortion Pill Ban by Trump Judge.

Matthew Kacsmaryk, a Trump-appointed federal judge in Texas, is expected to issue a decision ordering the FDA to withdraw its approval of mifepristone, a medication used in more than half of all abortions within the United States. If Kacsmaryk rules as expected, it will immediately test whether the rule of law still exists in a judiciary dominated by Republican appointees. The Justice Department is expected to ask an appeals court to temporarily block Kacsmaryk's order, and if the Fifth Circuit denies this request, the Justice Department's next move is to ask the Supreme Court to block Kacsmaryk's order by invoking the Supreme Court's enigmatic "shadow docket."

via Vox.com|
#abortion#fda#fifth-circuit