ABA Journal

5th Circuit Court

621 ABA Journal 5th Circuit Court articles.

5th Circuit allows chaplain prayers in Texas court during appeal of establishment clause ruling

A federal judge likely erred when he banned chaplain prayers in a Texas courtroom, a federal appeals court ruled earlier this month.

Mandatory bar in Texas violates lawyers’ First Amendment rights, 5th Circuit rules

A federal appeals court ruled Friday that the mandatory state bar in Texas violates lawyers’ First Amendment rights because of its political and ideological activities.

Afternoon Briefs: 2 appeals nominees in latest judicial picks; axed dean will remain as law prof

Biden announces new round of judicial picks

President Joe Biden’s fifth round of judicial picks includes nominees to two federal appeals courts. Virginia Solicitor General Toby Heytens is nominated to…

Supreme Court will decide whether ban on some digital billboards violates First Amendment

The U.S. Supreme Court on Monday agreed to decide whether Austin, Texas, violated the First Amendment when it allowed digital billboards on properties of businesses but not elsewhere.

Affordable Care Act survives again; states have no standing to challenge individual mandate, SCOTUS rules

The Affordable Care Act remains intact after the U.S. Supreme Court ruled 7-2 Thursday that challengers do not have standing to challenge the law’s requirement to carry health insurance.

Supreme Court won’t hear challenge to male-only draft; Kavanaugh joins 2 liberal justices in statement on denial

The U.S. Supreme Court on Monday turned down a constitutional challenge to the male-only draft that was argued before a federal appeals court by a men’s rights lawyer who was shot and killed outside his home in July 2020.

Afternoon Briefs: Trans worker fails to make discrimination case against employer; former DA’s husband gets community service

Transgender employee failed to show discrimination in case against T-Mobile, appeals court says

The 5th U.S. Circuit Court of Appeals at New Orleans has dismissed claims brought by Elijah Anthony…

Federal judge tossed from case for ‘immovable’ views, suggestion that US lawyers are lazy and arrogant

A controversial federal judge in Houston has been booted from a case once again by the 5th U.S. Circuit Court of Appeals at New Orleans. The federal appeals court said U.S. District Judge Lynn Hughes had a “fixed and inflexible view of the case.”

Evidence supports RICO conviction of man who said his gun ‘burst out’ before shooting judge, appeals court says

A federal appeals court on Wednesday upheld the Racketeer Influenced and Corrupt Organizations Act conviction of a man accused of shooting a Texas judge as part of racketeering conspiracy that involved stolen credit and debit card numbers.

Afternoon Briefs: DOJ will probe Louisville, Kentucky, police; Coca-Cola reviews outside counsel diversity policy

DOJ will investigate Louisville, Kentucky, police practices

U.S. Attorney General Merrick Garland announced Monday that the Department of Justice is investigating whether the Louisville, Kentucky, Metro Police Department uses unreasonable…

Does First Amendment bar public bodies from censuring members for critical speech? Supreme Court will decide

The U.S. Supreme Court on Monday accepted a First Amendment case involving a college trustee who was censured after criticizing board actions and filing multiple lawsuits against the body.

In 325-page opinion, en banc 5th Circuit splits on preference for tribes in Native American adoptions

A case challenging a federal law giving Indian tribes preference in Native American adoptions could wind up before the U.S. Supreme Court, after a federal appeals court issued a fractured, 325-page en banc opinion Tuesday.

Afternoon Briefs: Judge admonished partly for remote hearing impatience; ABA files brief opposing rigid cash bail

Judge admonished for impatience, guilt remark

A California judge has been admonished for a “display of impatience and irritation” and a remark about an acquitted defendant’s guilt. Judge Patrick E.…

7th Circuit creates clear split on viability of balancing test used to evaluate abortion restrictions

The 7th U.S. Circuit Court of Appeals at Chicago has ruled that a balancing test should still be used to evaluate abortion restrictions, creating a clear circuit split on the issue.

5th Circuit sanctions Marc Elias and other Perkins Coie lawyers for ‘redundant and misleading’ motion

A federal appeals court has sanctioned Perkins Coie attorneys who represent Democratic groups for a “redundant and misleading” motion in election litigation.

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