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5th Circuit Court

840 ABA Journal 5th Circuit Court articles.

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

Pro se litigant and lawyer ordered to pay $1.5M for using Lewis Brisbois name

Updated: A federal judge in Houston has ordered a lawyer and a pro se litigant in a rental-fee and eviction dispute to pay $1.5 million for registering a Texas business using the name of Lewis Brisbois Bisgaard & Smith, the law firm representing their litigation opponent in the rental litigation.

Sep 17, 2024 3:05 PM CDT

2 federal judges who boycotted Columbia law grads didn’t commit misconduct, review panel says

Two federal judges who said they wouldn’t hire future law grads from Columbia University did not commit misconduct, according to a review panel of the 11th U.S. Circuit Court of Appeals at Atlanta's judicial council.

Sep 17, 2024 10:10 AM CDT

Trump-appointed appeals judges are ‘superstars’ based on 3 measures, study says

Are federal appeals judges appointed by former President Donald Trump disproportionately “superstars in a tournament of judges”? The answer is yes, a new study says, based on three measures used in the past by the study authors.

Sep 12, 2024 3:01 PM CDT

5th Circuit becomes ‘proving ground’ for aggressive arguments by conservatives

The 5th U.S. Circuit Court of Appeals at New Orleans has become "a proving ground for some of the most aggressive conservative arguments in American law,” according to the New York Times.

Sep 4, 2024 8:59 AM CDT

Federal judge strikes down FTC rule banning noncompete agreements

A federal judge in Texas on Tuesday struck down the Federal Trade Commission’s ban on noncompete agreements, finding that the agency exceeded its authority with a rule that would have voided contracts that bar workers from moving to rival employers.

Aug 21, 2024 10:30 AM CDT

5th Circuit nixes ‘general, exploratory rummaging’ of location data to find suspects

A federal appeals court's decision Friday on the constitutionality of geofence warrants has “case-of-the-year importance,” according to a law professor's blog post.

Aug 13, 2024 10:58 AM CDT

Misconduct complaint tossed against federal judges who pledged not to hire clerks from Columbia

Federal judges didn’t violate ethical rules by refusing to hire law clerks from Columbia University or Columbia Law School, according to a review panel of the judicial council of the 5th U.S. Circuit Court of Appeals at New Orleans.

Aug 6, 2024 10:19 AM CDT

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