ABA Journal

5th Circuit Court

668 ABA Journal 5th Circuit Court articles.

Florida law banning social media censorship is likely unconstitutional, 11th Circuit says

A federal appeals court on Monday blocked parts of a Florida law that prevent social media companies from banning political candidates, deprioritizing political messages or censoring content by journalistic enterprises.

Some trials by SEC administrative judges violate Seventh Amendment right to jury trial, 5th Circuit rules

A federal appeals court ruled Wednesday that administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment right to a jury trial when civil penalties are sought.

Judge cites challengers’ religious beliefs in blocking transgender health care requirements

A federal judge in North Dakota has blocked the federal government from requiring members of the Christian Employers Alliance to provide health coverage for gender transition services.

Texas law banning censoring of social media users for viewpoints can take effect, 5th Circuit says

A federal appeals court has allowed a Texas law to take effect that prohibits larger social media platforms from censoring users based on their political views.

Alito’s leaked draft opinion shows Supreme Court is likely to strike down Roe v. Wade

The U.S. Supreme Court intends to overturn the landmark Roe v. Wade decision, according to a draft majority opinion obtained and published by Politico on Monday night. The Supreme Court verified on Tuesday that it is a genuine draft, and Chief Justice John Roberts has ordered the marshal of the court to investigate the leak.

Chemerinsky: SCOTUS clarifies First Amendment debate over content regulation of signs

For decades, a central inquiry in free speech analysis has been whether government regulation is content-based or content-neutral. Content-based government regulations of speech generally must meet strict scrutiny. To be constitutional, they must be narrowly tailored to achieve a compelling government purpose. By contract, content-neutral regulations have only to meet intermediate scrutiny, being substantially related to achieve an important government purpose.

Supreme Court rules for Austin, Texas, in digital billboard case; First Amendment inquiry isn’t over

The U.S. Supreme Court gave the city of Austin, Texas, an initial win Thursday in a challenge to its sign restriction allowing digital billboards on business property but not off premises.

5th Circuit tells lawyer it is ‘often advisable to read the court’s orders,’ upholds $1,250 sanction

A federal appeals court has upheld a $1,250 sanction against a Dallas lawyer for the attorney fees incurred by his litigation opponent when he misread a federal judge’s ruling.

5th Circuit revives Biden’s vaccine mandate for federal workers over jurisdictional issue

A federal appeals court on Thursday revived the Biden administration’s vaccine mandate for federal workers when it ruled a federal judge had no jurisdiction to block the requirement.

5th Circuit tosses federal judge from sixth case after he ‘candidly revealed’ disdain for antitrust law

A federal appeals court has revived an antitrust lawsuit against Visa and removed the judge who was hearing the case after his “gratuitous comments” suggested “ingrained skepticism” about the plaintiff’s claims.

Supreme Court won’t hear challenges to mandatory state bars

The U.S. Supreme Court on Monday declined to hear challenges to mandatory state bar associations in Michigan, Oklahoma and Texas.

BLM protest leader can be sued for officer’s injuries, top state court says

The leader of a Black Lives Matter protest can be held liable for injuries to a police officer caused by another person during the demonstration, the Louisiana Supreme Court said Friday.

SCOTUS rules in favor of Texas school board that censured member

The U.S. Supreme Court ruled unanimously Thursday that a school board has the right to censure one of its members. Justice Neil Gorsuch, writing for the high court, pointed out that elected bodies in this country have censured their members “as early as colonial times.”

In ‘devastating blow’ to abortion rights, top Texas court stymies suit to overturn restrictive law

The Texas Supreme Court ruled Friday that state licensing officials have no authority to enforce a law banning abortions after about six weeks of pregnancy, apparently foreclosing a lawsuit by abortion providers that seeks to block the law.

Supreme Court will consider Biden’s bid to end remain-in-Mexico policy for asylum-seekers

The U.S. Supreme Court on Friday agreed to decide whether the Biden administration may end former President Donald Trump’s policy requiring asylum-seekers to remain in Mexico while their cases are pending.

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