5th Circuit Court

559 ABA Journal 5th Circuit Court articles.

5th Circuit denies transgender prisoner’s request to use female pronouns, change court records

A federal appeals court has refused to refer to a transgender inmate by her preferred female pronouns and rejected her request to change court records to reflect her new name.

Supreme Court rejects fast-track review of health care law, making review before election unlikely
The U.S. Supreme Court refused Tuesday to grant fast-track review to a new constitutional challenge to the Affordable Care Act, making it unlikely that the case will be decided before the 2020 presidential election.
Federal appeals court approves diversion of military funds to border wall construction
The Trump administration can now tap $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, a federal appeals court ruled Wednesday.
Over 200 federal lawmakers urge SCOTUS to reconsider Roe; DOJ takes narrower stance
More than 200 members of Congress filed an amicus brief Thursday that encouraged the U.S. Supreme Court to reconsider and possibly overrule Roe v. Wade when it decides a case on a restrictive Louisiana abortion law.
SCOTUS goes into the new year with a loaded plate as impeachment trial looms

The U.S. Supreme Court has multiple high-profile cases on its docket this term, including cases to be argued in early 2020 on state aid to religion, abortion and President Donald Trump’s desire to shield his personal finances from government subpoenas.

5th Circuit overturns insurance mandate in health law, doesn’t decide if other provisions survive
A federal appeals court on Wednesday struck down the Affordable Care Act’s individual mandate requiring Americans to maintain health insurance coverage.
5th Circuit judge has ‘judicial change of heart’ in case that could chill protests
A federal appeals court decision criticized for its potential to chill protests is no longer unanimous.
ABA amicus brief urges SCOTUS to follow precedent in Louisiana abortion case
The ABA filed an amicus brief with the U.S. Supreme Court on Monday that urges the justices to reverse an appellate decision upholding a Louisiana law that requires physicians who perform abortions to have admitting privileges at a local hospital.
SCOTUS ranks dead last for transparency on Fix the Court list; how did other courts fare?
The U.S. Supreme Court is the least transparent among federal appellate-level courts, while the 9th U.S. Circuit Court of Appeals at San Francisco is No. 1 for public access, according to Fix the Court, a national nonpartisan organization based in New York City.
Lawyer accused of bringing gun to law office that fired her

Updated: A Texas lawyer is accused of bringing a handgun last Friday to the Denton law office that had just fired her.

Police arrested Petrina Thompson, 53, and charged her…

Afternoon Briefs: Arizona bans photos outside top courts; lawyer’s pretrial detention upheld

Arizona bans photos and broadcasts outside appellate-level courts

Arizona’s chief justice has banned photos, videos and live broadcasting outside appellate-level courts in the state, including the state supreme court. The…

5th Circuit judge’s dissent says to prevent mass shootings ‘we should stop punishing police officers’

Criminal Justice

Afternoon Briefs: Trump couldn’t be prosecuted even if he shot someone, lawyer argues; Kellogg’s to pay $20M

Sitting president can’t be prosecuted even if he shot someone, Trump lawyer argues

A sitting president couldn’t be investigated and prosecuted by New York authorities even if he shot someone…

Why scraping publicly available information online isn’t a crime

To criminalize public website scraping castrates an open internet by curtailing access to information, says ABA Journal Legal Affairs Writer Jason Tashea. This isn’t just an issue for internet startups and academic researchers but also the legal community.

Fines-and-fees system that helps fund court budget is unconstitutional, 5th Circuit rules
A federal appeals panel has ruled that a system of criminal fines and fees in the New Orleans criminal court was unconstitutional because the money is used to support a general fund overseen by the court’s judges.

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