5th Circuit Court

610 ABA Journal 5th Circuit Court articles.

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.
After judge takes umbrage at dissenter’s ‘sound and fury’ quote, 5th Circuit grants en banc rehearing
The 5th U.S. Circuit Court of Appeals at New Orleans has granted an en banc rehearing in a case in which the judge who wrote the majority opinion took umbrage at a dissenter’s quotation from Macbeth.
Officers who fired stun gun at man doused in gasoline, setting him ablaze, aren’t liable, appeals court rules
Officers who fired stun guns at a man who had doused himself with gasoline are protected by qualified immunity in a suit by his widow and children, a federal appeals court has ruled.
Judge was a policymaking employee subject to patronage termination, 5th Circuit rules
A family court judge in Texas, who refused to support a favored judicial candidate, was a policymaking and confidential employee who wasn’t eligible for First Amendment protection from firing, a federal appeals court has ruled.
Federal judge who said he would ‘crush’ plaintiff’s case prejudged her bias claims, 5th Circuit says
A federal appeals court has revived a plaintiff’s bias claim and removed U.S. District Judge Lynn Hughes of the Southern District of Texas from her case, citing remarks and actions indicating that he had prejudged the case.
Private prison company must face lawsuit alleging it ran forced labor camps, 5th Circuit rules
A private prison company accused of forcing immigrant detainees to work for no more than $2 per day is not exempt from a ban on forced labor, a federal appeals court ruled Wednesday.
Afternoon Briefs: Prison contraband hidden in footballs; Kamala Harris’ husband gets teaching job

Sensing technology detects football contraband tossed into prison

Footballs and packages tossed into a Mississippi prison yard early Monday morning contained cellphones, marijuana, cigars and barbecue chicken wings. Officials at…

Federal inmate is executed after Supreme Court denies stay; dissent points to hidden evidence

Federal prisoner Brandon Bernard was executed in Indiana on Thursday after the U.S. Supreme Court refused to stay his execution. Bernard apologized for his role in the deaths of two youth ministers in Texas in 1999. He was 18 at the time of the crime.

The country’s oldest sitting federal judge, described as ‘deeply compassionate,’ dies at 99
The country’s oldest sitting federal judge, Thomas Reavley of the 5th U.S. Circuit Court of Appeals at Louisiana, has died at age 99.
Meet Sidney Powell, the conspiracy-minded lawyer who vowed to ‘release the kraken’ in election suits
Lawyer Sidney Powell, who promised to “release the kraken” in lawsuits challenging election results, got a jump-start on her career, earning her college diploma in less than two years and becoming a federal prosecutor at a young age.
En banc 5th Circuit allows Medicaid defunding of Planned Parenthood
Medicaid patients don’t have a right to sue over a state’s decision to end Medicaid funding for Planned Parenthood, the en banc 5th U.S. Circuit Court of Appeals at New Orleans ruled Monday.
2 justices dissent over Supreme Court’s refusal to restore COVID-19 safety steps at ‘tinderbox’ prison
The U.S. Supreme Court on Monday denied a request by two older inmates at a Texas geriatric prison to reinstate a judge’s order requiring COVID-19 safety measures.

Read more ...