5th Circuit Court

686 ABA Journal 5th Circuit Court articles.

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.”

Oct 3, 2022 11:44 AM CDT

Chaplain’s prayer before court isn’t coercive, doesn’t violate establishment clause, 5th Circuit rules

A federal appeals court has rejected an establishment clause challenge to chaplain-led prayer before court sessions at a justice of the peace court in Texas.

Oct 3, 2022 9:26 AM CDT

Texas may enforce law banning social media from blocking users based on viewpoints, 5th Circuit says

A federal appeals court on Friday allowed Texas to enforce a law that generally bans large social media companies from restricting posts based on the viewpoint of the speaker.

Sep 19, 2022 10:39 AM CDT

Weekly Briefs: Ex-officer pleads guilty in Breonna Taylor case; ex-BigLaw partner can’t shield 401(k) cash

Ex-officer pleads guilty in Breonna Taylor case

Former Louisville, Kentucky, detective Kelly Goodlett pleaded guilty to a federal conspiracy charge Tuesday for helping falsify an application for a…

Aug 26, 2022 12:12 PM CDT

Mississippi scrubbed racial taint from its constitutional ban on voting by some felons, 5th Circuit rules

The lifetime ban on voting for some felons in Mississippi’s 1890 constitution no longer has a racist taint following later changes that added additional crimes to the list, the 5th U.S. Circuit Court of Appeals at New Orleans has concluded.

Aug 26, 2022 10:10 AM CDT

Supreme Court should uphold Indian Child Welfare Act, ABA says in amicus brief

The ABA has urged the U.S. Supreme Court to uphold the Indian Child Welfare Act, writing in an amicus brief filed Thursday that Congress enacted the statute “under valid constitutional authority and on the basis of an extensive body of evidence and law.”

Aug 19, 2022 9:28 AM CDT

4 principles of legal writing Bryan Garner learned from clerking at the 5th Circuit

“Whenever I’m writing, I always try to keep the Reavley principles in mind. Even though Judge Reavley wasn’t much interested in grammar, he taught me more about legal writing than anybody else.”

Aug 1, 2022 1:50 AM CDT

5th Circuit revokes federal judge’s lifetime ban of prosecutor from his courtroom

A federal judge who made “demeaning” and “inappropriate” remarks in the presence of a female federal prosecutor has gotten another scolding after permanently banning her from his courtroom.

Jul 28, 2022 10:34 AM CDT

5th Circuit judge argues for a cost-benefit exception to the exclusionary rule

A federal appeals judge has written a concurrence to her majority opinion to suggest that courts use a cost-benefit analysis in some cases when defendants seek to suppress statements made to police without a Miranda warning.

Jul 27, 2022 8:47 AM CDT

5th Circuit rules against children with disabilities who challenged Texas’ ban on school mask mandates

A federal appeals court on Monday ruled that children with disabilities had no standing to challenge a ban on school mask mandates in Texas because they hadn’t shown that a favorable decision would redress their injuries.

Jul 26, 2022 10:07 AM CDT

In first SCOTUS vote, Jackson joins liberal justices and Barrett in opposing block on Biden immigration policy

The U.S. Supreme Court on Thursday refused to reinstate a Biden administration immigration policy that prioritizes apprehension and deportation of people who pose a threat to national security, public safety and border security.

Jul 22, 2022 10:06 AM CDT

Supreme Court allows Biden to end remain-in-Mexico policy; chief justice’s opinion joined by Kavanaugh, liberal justices

The U.S. Supreme Court ruled for the Biden administration on Thursday when it allowed repeal of the remain-in-Mexico policy for asylum-seekers.

Jun 30, 2022 10:13 AM CDT

5th Circuit tosses NAACP suit against Mississippi prosecutor accused of racial bias in jury selection

A federal appeals court has ruled that a local NAACP chapter and four Black plaintiffs have no standing to pursue a lawsuit alleging that a Mississippi prosecutor showed a pattern of racial bias during jury selection.

Jun 22, 2022 2:10 PM CDT

Texas federal judge proclaims that he doesn’t read 5th Circuit opinions before second reversal

The 5th U.S. Circuit Court of Appeals at New Orleans has reversed a federal judge’s refusal to suppress gun evidence a second time after he declared that he doesn’t read 5th Circuit opinions and stuck to his initial decision.

Jun 14, 2022 2:54 PM CDT

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Jun 10, 2022 11:56 AM CDT

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