5th Circuit Court

Forget originalism; some conservatives back ‘common-good constitutionalism,’ its embrace of strong rule

Adrian Vermeule, a professor at Harvard Law School, is an “ideological lodestar” among conservatives who are impatient with originalism—the idea that the Constitution’s meaning can be determined by its text and the founders’ intent, according to a story by the New York Times.

Feb 19, 2025 11:37 AM CST

After SCOTUS arguments on sweet vape flavors, some lawyers hope opinion brings more FDA clarity

FDA v. Wages and White Lion Investments, which was argued before the high court in December, focused on whether the New Orleans-based 5th U.S. Circuit Court of Appeals erred when it set aside FDA denial orders banning the flavored vapes as arbitrary and capricious.

Feb 18, 2025 8:59 AM CST

5th Circuit overrules itself, finds law banning handgun sales to adults younger than age 21 unconstitutional

After reexamining its precedent, a federal appeals court has ruled that a federal ban on handgun sales to youths ages 18 to 20 violates the Second Amendment.

Feb 4, 2025 11:23 AM CST

Supreme Court agrees to review cases involving student loan debt and preventive care

The U.S. Supreme Court has agreed to hear three new cases, including challenges to a federal rule that forgives student debt and to the part of the Affordable Care Act that requires insurance companies to cover some preventive care services.

Jan 13, 2025 3:20 PM CST

5th Circuit judge’s remarks spur talk of Supreme Court audition

Public remarks by a conservative federal appeals judge have “rekindled talk of a possible audition for the Supreme Court," according to a story by Bloomberg Law.

Dec 19, 2024 3:35 PM CST

5th Circuit again blocks US from cutting razor-wire fence installed by Texas at border

Texas is entitled to a preliminary injunction that blocks the federal government from cutting razor wire that the state had installed along the border, the 5th U.S. Circuit Court of Appeals at New Orleans ruled last week.

Dec 2, 2024 10:05 AM CST

Are police responsible for damaging home to oust suspect? Sotomayor and Gorsuch see important issue

The U.S. Supreme Court on Monday refused to decide whether police must compensate a Texas homeowner for damages to property incurred while officers tried to oust a kidnapping suspect from a home that he entered while on the run.

Nov 26, 2024 12:39 PM CST

Supreme Court will consider reviving another curb on agency power known as nondelegation doctrine

The U.S. Supreme Court agreed Friday to consider whether Congress and the Federal Communications Commission violated the nondelegation doctrine in a challenge to fees imposed on telecommunications carriers to help provide service in underserved areas.

Nov 25, 2024 12:03 PM CST

Is racism against whites ‘edgy and exciting’? Potential SCOTUS pick pens dissent supporting bullied student

A Texas high school student who said he was bullied and harassed for being a white Trump supporter won’t be able to pursue his lawsuit under Title VI of the Civil Rights Act as a result of an evenly divided decision by a federal appeals court.

Nov 18, 2024 3:22 PM CST

Who may be on Trump’s Supreme Court short list? Senate win aids judicial picks

President-elect Donald Trump could get a chance to appoint two U.S. Supreme Court justices if Justice Clarence Thomas, 76, and Justice Samuel Alito, 74, decide to retire.

Nov 6, 2024 3:12 PM CST

5th Circuit rules ballots that arrive late shouldn’t be counted despite postmarks

A federal appeals court Friday ruled invalid a Mississippi law that allows election officials to count mail ballots that arrive after Election Day as long as they are postmarked by then.

Oct 28, 2024 12:45 PM CDT

Conservative faction pushes judge nominees who are ‘even more bold and more conservative’

Former President Donald Trump has broken with leaders of the conservative Federalist Society, who failed to voice their support when he tried to overturn the 2020 election and when prosecutors charged him with crimes.

Oct 15, 2024 10:02 AM CDT

Judge with ‘highly antagonistic demeanor’ must be removed from foster care case, 5th Circuit says

A federal appeals court has removed a federal judge from foster care litigation against the state of Texas, citing her “highly antagonistic demeanor” against the defendants during a December 2023 contempt hearing.

Oct 15, 2024 8:37 AM CDT

Insurance coverage for preventive care at risk unless Supreme Court acts, cert petition says

The federal government is asking the U.S. Supreme Court to reverse a federal appeals court decision that could end free preventive care services provided by health insurance.

Sep 24, 2024 2:30 PM CDT

Aspiring nurse convicted in ‘utterly bonkers’ trial can’t sue for damages, full appeals court says

A would-be nurse convicted of cocaine possession in a trial in which the prosecutor moonlighted as a law clerk for the presiding judge can’t sue for damages, a federal appeals court has ruled.

Sep 19, 2024 8:47 AM CDT