ABA Journal

5th Circuit Court

744 ABA Journal 5th Circuit Court articles.

Supreme Court to consider laws that block social media from removing certain content and users

The U.S. Supreme Court on Friday agreed to decide the constitutionality of laws in Florida and Texas that prevent large social media companies from banning political candidates or restricting content based on viewpoint.

Supreme Court opens new term quietly—so far

The court on Oct. 2 starts what might turn out to be “another big term,” but it is opening with a more modest docket. Still, there are big cases on gun rights, social media use by government officials and the scope of the so-called administrative state.

Justice Alito temporarily blocks curbs on Biden administration’s communications with social media

U.S. Supreme Court Justice Samuel Alito on Thursday temporarily blocked an injunction that curbed the Biden administration’s communications with social media.

US pressure on social media over misinformation likely unconstitutional, 5th Circuit says

Updated: The U.S. government likely violated the First Amendment by pressuring social media companies to block COVID-19 misinformation and other content, a federal appeals court ruled Friday.

FDA’s ‘tweet-sized doses’ of ivermectin advice can be challenged in lawsuit, 5th Circuit says

Doctors who prescribed the human version of a drug called ivermectin to thousands of their COVID-19 patients can sue the U.S. Food and Drug Administration, a federal appeals court has ruled.

Louisiana man’s jokes about sheriff’s department are protected free speech, 5th Circuit says

A federal appeals court has ruled in favor of a Louisiana man who was arrested after posting on Facebook that a local sheriff’s department had ordered its deputies to shoot people who were infected with COVID-19.

Lawyer’s quest for warrant requirement for border cellphone searches rebuffed by 5th Circuit

The U.S. Department of Homeland Security did not violate a lawyer’s constitutional rights when it seized his phone as he entered the United States, sent it to a forensics lab to bypass his passcode, and obtained its data after using a “filter team” to protect privileged material, a federal appeals court ruled Tuesday.

5th Circuit faults FDA for expanding access to abortion drug; next move is up to SCOTUS

The U.S. Food and Drug Administration failed to address safety concerns when it expanded access to the abortion drug mifepristone in 2016 and 2021, according to the 5th U.S. Circuit Court of Appeals at New Orleans.

Religious act may protect Jehovah’s Witness who refused psychiatric meds before trial, 5th Circuit says

A federal judge should consider the religious claims of a defendant who has refused to take psychiatric medications to become competent for trial on a charge of threatening a New Orleans judge, a federal appeals court has ruled.

Federal judge considers ‘burning’ legal question—does ‘attorney fee’ need apostrophe and ‘s’?

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas uses a footnote to address “one of the burning legal questions of our generation.” Is the proper term “attorney fees,” “attorneys fees,” “attorney’s fees” or “attorneys’ fees”?

Supreme Court majority reinstates regulations requiring background checks for sales of ‘ghost gun’ kits

The U.S. Supreme Court on Tuesday temporarily revived Biden administration regulations that require makers and sellers of "ghost gun" kits and parts to add serial numbers to the products, keep transfer records and conduct background checks of buyers.

Ban on lifetime voting for some felons violates Eighth Amendment, 5th Circuit rules

Mississippi’s lifetime ban on voting for felons convicted of some crimes serves no legitimate penological purpose and violates their rights under the Eighth Amendment, a federal appeals court has ruled.

‘Dobbs is an indictment of women,’ past ABA president tells House in emotional testimony

It’s been more than a year since the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, but members of the House of Delegates continued to discuss wide-ranging issues that stem from the landmark decision at the ABA Annual Meeting on Monday.

9th Circuit dissenters take aim at state-created danger doctrine

The 9th U.S. Circuit Court of Appeals at San Francisco should narrow the state-created danger doctrine, according to four judges who dissented when the appeals court refused to grant an en banc rehearing in a lawsuit over a mother’s drowning of her 10-month-old twins.

Following Stanford Law incident at Federalist Society event, associate DEI dean leaves role

Tirien Steinbach, an associate dean at Stanford Law School who was shown in a videotaped campus exchange with a federal appellate judge that went viral, has announced that she is leaving her role.

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