Tag

Fifth Circuit

All articles tagged with #fifth circuit

law8 days ago•3 min saved

Louisiana Ten Commandments Display Law Advances in 5th Circuit, Constitutional Questions Remain

The full 5th U.S. Circuit Court of Appeals vacated a lower court’s injunction blocking Louisiana HB 71, allowing the state law requiring Ten Commandments displays in every public classroom to proceed. The court said it is premature to decide whether the displays would violate the Establishment Clause, noting the record lacks concrete facts to assess constitutionality. The decision covers only Louisiana, with related consideration of a Texas case ongoing; the plaintiffs (led by the ACLU and allied groups) will continue challenging the law as the litigation moves forward.

via NBC News|

#establishment-clause #fifth-circuit #law

politics20 days ago•22 min saved

From 40,000 to 70,000: U.S. Expands Immigrant Detention Under Trump Policy

Two conservative Fifth Circuit judges approved the Trump administration’s mass-detention policy, enabling detention without bond for large numbers of noncitizens. The policy coincides with a surge to about 70,000 detainees across 224 facilities (including children) and a push to expand detention through private contractors and planned mega-centers. The piece collates reporting on legal challenges, deteriorating detainee medical care after ICE halted payments, and scrutiny of detention facilities, while noting local opposition and warnings from history about state-run camps.

via Letters from an American | Heather Cox Richardson | Substack|

#detention #fifth-circuit #immigration

immigration21 days ago•4 min saved

Fifth Circuit greenlights sweeping mandatory detention for immigration applicants

A divided Fifth Circuit panel ruled that the Trump administration can deny bond hearings for many people in deportation proceedings by treating all “applicants for admission” as subject to mandatory detention, aligning with an ICE memo that expands detention to individuals who entered the U.S. without admission. The decision overrides decades of policy and most lower courts, sparking opposition from the dissent and from the ACLU, which represents the petitioners challenging the policy.

via Courthouse News|

#bond-hearings #detention #fifth-circuit

immigration-law21 days ago•4 min saved

Fifth Circuit Endorses Broad Detention for Immigration Applicants

A divided Fifth Circuit upheld the Trump administration's plan to detain all applicants for admission in deportation proceedings without bond, reversing numerous federal rulings to the contrary; the majority reasoned that the statute treats ongoing applicants for admission as subject to detention, while a dissent criticized the interpretation as文本 and noted broad disagreement among courts. The decision follows a 2025 ICE memo and amplifies the ongoing legal fight over mandatory detention in immigration proceedings.

via Courthouse News|

#bond-hearings #detention #fifth-circuit

politics22 days ago•323 min saved

Fifth Circuit backs Trump-era detention policy for interior immigrants

A divided 5th U.S. Circuit Court of Appeals (2-1) upheld the Trump administration’s policy of detaining millions of undocumented immigrants in the interior without bond hearings, applying to Texas, Louisiana, and Mississippi. The ruling halts decades of practice allowing some detainees to seek release on bond while their cases proceed, and it could lead to mass detention without release hearings, potentially setting up a Supreme Court showdown as other circuits review the policy.

via cnn.com|

#bond-hearings #deportation-policy #detention

politics22 days ago•6 min saved

Fifth Circuit Endorses Broad Immigration Detention Policy

A divided 5th Circuit Court of Appeals ruled that the Trump administration’s interpretation allowing mandatory detention without bond for most deportation targets is lawful, reversing decades of practice and aligning with ICE’s July policy shift; the decision, opposed by a Biden-appointed judge in dissent, contrasts with rulings from hundreds of district courts and could push the case toward the Supreme Court as challenges to the policy continue and the scope of detention remains a nationwide question.

via Politico|

#deportation #detention #fifth-circuit

politics1 month ago•3 min saved

En Banc 5th Circuit to Hear Ten Commandments Classroom Disputes

The full 5th U.S. Circuit Court will hear en banc challenges to Texas and Louisiana laws mandating Ten Commandments displays in public school classrooms, a test of the Establishment Clause. Texas seeks full-court review, Louisiana’s law has been blocked in district court, and the disputes are likely to be appealed to the Supreme Court.

via NBC News|

#establishment-clause #fifth-circuit #first-amendment

legal-civil-rights1 year ago•6 min saved

"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•8 min saved

"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•6 min saved

"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•1 min saved

"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•2 min saved

"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•8 min saved

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•1 min saved

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•6 min saved

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