5th Circuit Court

582 ABA Journal 5th Circuit Court articles.

DOJ argues entire health care law must be struck down
The U.S. Department of Justice is arguing that the Affordable Care Act must be struck down in its entirety because of Congress’ decision to lower the tax penalty to zero for failure to carry health insurance.
Supreme Court strikes down restrictive abortion law; Roberts concurrence provides fifth vote
The U.S. Supreme Court struck down a restrictive Louisiana abortion law in a closely watched case on Monday. A concurrence by Chief Justice John G. Roberts Jr. provided the fifth vote to strike down the Louisiana law, which requires doctors at abortion clinics to have admitting privileges at nearby hospitals.
SCOTUS rejects request to allow all Texas voters to use mail-in ballots
The U.S. Supreme Court has rejected an emergency application to allow all voters in Texas to use mail-in ballots.
With latest appellate confirmation, Trump has appointed 200 federal judges
With the confirmation Wednesday of Cory Wilson to a federal appeals court, President Donald Trump has appointed 200 federal judges.
Afternoon Briefs: DC protesters sue over park ouster; 21 federal courthouses damaged

DC protesters sue over their ouster from Lafayette Square

Protesters and Black Lives Matter D.C. allege in a lawsuit that their ouster from Lafayette Square on June 1 violated their…

Death of George Floyd brings debate on qualified immunity for police misconduct

George Floyd’s death by a Minneapolis police officer has raised debate on qualified immunity for police misconduct. The doctrine allows police to escape civil liability for violating a person’s rights under Section 1983 of the Civil Rights Act.

Sotomayor statement highlights ‘disturbing allegations’ in geriatric inmates’ COVID-19 suit
The U.S. Supreme Court rejected a request Thursday by inmates in a Texas geriatric prison who alleged inadequate efforts to contain the novel coronavirus.
Why exotic dancers and other gig workers are seeing employment law gains, COVID-19 losses

“The coronavirus is exposing the dangers of being a gig worker—you have no benefits, no health care, and no one to one to speak for you,” says lawyer Michael P. Maslanka, a labor and employment law expert in Texas. “I think this crisis is so severe that it will change the mindsets of the people, and when the mindsets of the people change, laws change.”

Privilege doesn’t protect law firm’s client information from IRS summons, 5th Circuit says
A Texas law firm has to comply with an Internal Revenue Service summons seeking information about any clients that created overseas accounts and entities, according to a federal appeals court.
5th Circuit refuses to toss suit against prosecutors accused of using fake subpoenas
Prosecutors in New Orleans aren’t entitled to dismissal of a lawsuit claiming that they issued fake subpoenas to pressure crime victims and witnesses to meet with them.
In new opinion, 5th Circuit halts medication abortions in Texas under nonessential surgery ban
The 5th U.S. Circuit Court of Appeals at New Orleans reinstated a ban Monday on medication abortions in Texas under the governor’s order banning nonessential surgeries during the novel coronavirus pandemic.
Texas abortion providers withdraw Supreme Court petition after new 5th Circuit decision
Abortion providers in Texas have withdrawn a Supreme Court application to allow medication abortions to continue in the state after a federal appeals court granted the relief that they sought.
Emergency petition asks Supreme Court to allow medication abortions in Texas
Abortion providers have asked the U.S. Supreme Court to allow medication abortions in Texas through 10 weeks of pregnancy.
5th Circuit allows Texas to enforce abortion ban during pending appeal
A federal appeals court is allowing Texas to enforce its pandemic-related abortion ban until the state’s arguments can be considered.
Afternoon Briefs: Reform group backs cost metric in law school rankings; California suspends jury trials

US News’ ranking methodology is the cheese for law school rat race, report says

The U.S. News & World Report’s annual law school rankings rely on categories including law school…

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