ABA Journal

5th Circuit Court

700 ABA Journal 5th Circuit Court articles.

Federal appeals court strikes down ATF rule banning rapid-fire bump stocks

Updated: The en banc 5th U.S. Circuit Court of Appeals at New Orleans has struck down a Trump administration ban on bump stocks, which are used to accelerate gunfire on semi-automatic weapons.

Prisoner who can’t show ‘factual innocence’ isn’t entitled to habeas relief, 5th Circuit says

A Mississippi inmate’s habeas appeal is doomed because of U.S. Supreme Court decisions remarking that federal courts have discretion to deny relief as “law and justice require,” a federal appeals court ruled last month.

Western District of Louisiana is preferred venue for conservative states challenging Biden policies

Republican-led states banding together to challenge Biden administration policies are filing their cases in the Western District of Louisiana, where they can “virtually guarantee” that a GOP-appointed judge will be hearing their cases, according to an exclusive article by Bloomberg Law.

Bryan Garner’s 2022 legal writing tips

This year, Bryan Garner gave us a new game for word lovers, a hypothesis on hyphens and four principles of legal writing that he learned as a clerk in the 5th U.S. Circuit Court of Appeals at New Orleans. Here's the full wrap-up of 2022 columns by the Black's Law Dictionary's editor-in-chief.

‘Major questions’ doctrine applies to presidential authority, 5th Circuit says in federal contractor vaccine case

President Joe Biden didn’t have authority under the Procurement Act of 1949 to require federal contractors to mandate COVID-19 vaccines for their employees, a federal appeals court has ruled.

Judge’s failure to recuse because of stock ownership doesn’t require vacating decision, 5th Circuit says

A federal appeals court has refused to disturb a judge’s ruling in favor of Walmart, despite her ownership of company stock.

2 federal appeals judges boycotting Yale Law clerks see progress in campus tolerance for conservative views

Two conservative federal appeals judges who previously announced plans to boycott Yale Law School clerks said they are seeing progress in tolerance for differing viewpoints at a university event Wednesday.

Supreme Court should consider right to earn a living, 5th Circuit judge says in COVID-19 shutdown case

A conservative federal appeals judge suggested in a concurrence this week that the U.S. Supreme Court should consider whether the right to earn a living is a fundamental, unenumerated constitutional right.

A sign of rapprochement? Federal appeals judges boycotting Yale Law will speak at school

Two conservative federal appeals judges who are boycotting Yale Law School graduates have offered to discuss free speech issues in a panel discussion at the school.

Funding structure for consumer agency violates separation of powers, 5th Circuit says

A federal appeals court has ruled that the funding structure for the Consumer Financial Protection Bureau is unconstitutional because it is funded by the Federal Reserve System, rather than Congress.

Yale Law School touts dedication to a ‘vibrant intellectual environment’ after complaints of cancel culture

Yale Law School has said it has taken several concrete steps to reaffirm its commitment to free speech in a message to alumni posted after critics expressed concern about a cancel culture environment.

Second federal appeals judge boycotts Yale Law School grads; others anonymously indicate plans to do so

Updated: A second federal appeals judge has said she will no longer hire Yale Law School graduates as law clerks because of concerns about the “stifling of debate” at the school.

Weekly Briefs: Judge tosses challenge to ‘Don’t Say Gay’ law; gun-makers win dismissal of Mexico suit

Challenge to Florida’s ‘Don’t Say Gay’ law gets tossed

A federal judge in Tallahassee, Florida, has tossed a challenge to Florida’s Parental Rights in Education law, which critics have…

After 5th Circuit judge boycotts Yale Law School grads, his conservative colleague hangs out welcome sign

U.S. Circuit Judge Jerry E. Smith is encouraging Yale Law School graduates to apply for his clerkships after his colleague announced that he won’t be hiring any of them.

Why this conservative federal appeals judge will no longer hire clerks from Yale Law School

Judge James C. Ho of the 5th U.S. Circuit Court of Appeals at New Orleans said last week he will no longer hire law clerks from Yale Law School because the university “not only tolerates” the cancellation of conservative views but also “actively practices it.”

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