Tag Archives: Fifth Circuit Court of Appeals

Idaho appeals EMTALA injunction to SCOTUS

Posted on November 28, 2023 by Charles Kuffner

Brace yourselves. Idaho asked the Supreme Court Monday to stay a lower court injunction, or to take up its case directly, as it attempts to fend off the Biden administration’s challenge of the state’s abortion ban. The government filed suit … Continue reading →

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Anti-porn law un-blocked

Posted on November 25, 2023 by Charles Kuffner

Welp. Texas can again enforce its new law requiring people to prove they are 18 or older to access online porn. The U.S. Fifth Circuit Court of Appeals granted the state’s request last week to lift a temporary injunction that … Continue reading →

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Fifth Circuit hears wingnut anti-contraception appeal

Posted on November 13, 2023 by Charles Kuffner

Stop me if you’ve heard this one before, but don’t get your hopes up. In fact, keep them down. For almost a year, Texas teens have been shut out of a federal program that allows minors to access birth control … Continue reading →

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Fifth Circuit upholds (*) Galveston redistricting ruling

Posted on November 12, 2023 by Charles Kuffner

With an asterisk, as noted in the title. A federal appeals court Friday ruled that Galveston County commissioners violated the U.S. Voting Rights Act by eliminating the only majority-minority district in its latest redistricting process. The 5th Circuit Court of … Continue reading →

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Fifth Circuit hears EMTALA appeal

Posted on November 10, 2023 by Charles Kuffner

Keep your expectations very low. The 5th U.S. Circuit Court of Appeals heard arguments Tuesday about whether the federal government can require Texas hospitals to perform life-saving abortions, despite the state’s near-total ban on the procedure. After the overturn of … Continue reading →

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Galveston redistricting ruling paused

Posted on October 23, 2023 by Charles Kuffner

The Fifth Circuit strikes again. Less than a week after a federal judge ruled Galveston County’s precinct maps violated the Voting Rights Act, the U.S Fifth Circuit Court issued a stay on the order. U.S. Circuit Court Judge Jeffery V. … Continue reading →

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Galveston County redistricting ruled illegal

Posted on October 14, 2023 by Charles Kuffner

Good news. Galveston County Commissioners Court violated the Voting Rights Act when it approved a 2021 map that greatly limited voting power for Black and Latino voters in the county, a judge ruled Friday. In his ruling, U.S. District Judge … Continue reading →

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Two book ban updates

Posted on September 28, 2023 by Charles Kuffner

Bad news. A state law banning “sexually explicit” books from Texas schools will now go into effect, after an appeals court temporarily blocked a lower court ruling. The three-judge panel did not offer any reasoning. Their decision is temporary until … Continue reading →

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Drag ban officially ruled unconstitutional

Posted on September 27, 2023 by Charles Kuffner

Good. Texas cannot enforce a new law that restricts some public drag shows, a federal judge said Tuesday in declaring the legislation unconstitutional. U.S. District Judge David Hittner found Senate Bill 12 “impermissibly infringes on the First Amendment and chills … Continue reading →

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Book ban lawsuit opinion released

Posted on September 22, 2023 by Charles Kuffner

It’s a strong one, not that that will mean anything to the troglodyte nihilists at the Fifth Circuit. In temporarily blocking enforcement of a new Texas law that limits books with sexual content in school libraries, a federal judge called … Continue reading →

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The lawsuit over the omnibus voter suppression law has begun

Posted on September 12, 2023 by Charles Kuffner

Settle in, this will take awhile. Two years after voting rights groups challenged Texas Republicans’ sweeping overhaul of its voting and election laws, the case comes to trial Monday in a federal court in San Antonio. The lengthy roster of … Continue reading →

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Fifth Circuit rejects some mifepristone restrictions, upholds others

Posted on August 17, 2023 by Charles Kuffner

Typical. A Fifth Circuit Court of Appeals panel handed down a decision Wednesday batting down challenges to the Food and Drug Administration’s (FDA) initial approval of abortion drug mifepristone, but reinstituting restrictions that the agency has lifted in recent years. … Continue reading →

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Louisiana’s turn to (maybe) fix its racial gerrymander

Posted on June 27, 2023 by Charles Kuffner

They’re on the clock. The Supreme Court on Monday denied Louisiana’s attempt to block a lower court’s order that it redraw its congressional maps. That court found that the state had likely diluted the power of Black voters in violation … Continue reading →

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Arkansas law banning gender affirming care ruled unconstitutional

Posted on June 22, 2023 by Charles Kuffner

This is a big deal. A federal judge struck down Arkansas’ first-in-the-nation ban on gender-affirming care for children as unconstitutional Tuesday, the first ruling to overturn such a prohibition as a growing number of Republican-led states adopt similar restrictions. U.S. … Continue reading →

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Fifth Circuit hears mifepristone appeal

Posted on May 18, 2023 by Charles Kuffner

It went more or less as you’d expect from this dumpster fire of a court. I’ll link to a bunch of straight news coverage in a bit, but what you need is the news with some analysis and snark, so … Continue reading →

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Countersuit in the “wrongful death” abortion saga

Posted on May 3, 2023 by Charles Kuffner

Wild. A man who is suing his ex-wife’s friends for allegedly helping her get an abortion may have known about her plans and done nothing to stop her, according to a new legal filing. Marcus Silva brought a wrongful-death lawsuit … Continue reading →

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Konnech withdraws its lawsuit against True the Vote

Posted on April 29, 2023 by Charles Kuffner

Something strange is going on. An election management software company withdrew a lawsuit last week that accused a Houston-based conservative nonprofit of making slanderous statements about the software company’s work during the 2020 election. The company reserved the right to refile the … Continue reading →

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DOJ sues Tennessee over its ban on gender affirming care for minors

Posted on April 28, 2023 by Charles Kuffner

There will be more of these to come, including and especially in Texas. The Department of Justice filed a lawsuit Wednesday challenging Tennessee’s recently passed law that bans gender-affirming care for minors, emphasizing it “denies necessary medical care to youth … Continue reading →

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SCOTUS halts the anti-mifepristone ruling

Posted on April 22, 2023 by Charles Kuffner

Good. The Supreme Court ruled Friday to pause lower court rulings that would have imposed restrictions on mifepristone, keeping the drug accessible while the case proceeds. Justices Samuel Alito and Clarence Thomas would not have granted the stay. Despite the … Continue reading →

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Anti-mifepristone order still paused

Posted on April 20, 2023 by Charles Kuffner

SCOTUS needs a couple more days. The Supreme Court extended its stay on lower court rulings on mifepristone until Friday just before midnight, meaning that the drug will remain accessible and available at least until then. The order, written by … Continue reading →

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Anti-mifepristone litigants respond to SCOTUS appeal

Posted on April 19, 2023 by Charles Kuffner

Today we find out what SCOTUS will do. The anti-abortion doctors who first brought the case seeking to get mifepristone yanked from the markets filed a reply brief Tuesday, starting the clock on the Supreme Court’s response. It’s the latest … Continue reading →

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SCOTUS pauses that anti-mifepristone ruling

Posted on April 15, 2023 by Charles Kuffner

A brief timeout. The Supreme Court granted the Department of Justice’s emergency request to temporarily halt lower court rulings that would have reimposed restrictions on mifepristone that the Food and Drug Administration (FDA) had lifted in recent years. The stay … Continue reading →

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Fifth Circuit barely limits ridiculous anti-mifepristone ruling

Posted on April 14, 2023 by Charles Kuffner

In other words, the Fifth Circuit did Fifth Circuit things. The notoriously right-wing Fifth Circuit Court of Appeals upheld much of Judge Matthew Kacsmaryk’s ruling on mifepristone from late last week in an early Thursday decision that may prompt the … Continue reading →

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Tuesday mifepristone update

Posted on April 11, 2023 by Charles Kuffner

First things first, that lawless ruling from the wingnut Texas judge has been appealed. The U.S. Justice Department on Monday asked a federal appeals court to keep the abortion pill mifepristone on the U.S. market as litigation plays out, days … Continue reading →

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Harris County felony bail bond lawsuit ruling coming

Posted on April 6, 2023 by Charles Kuffner

Definitely something to look forward to. Lawyers on both sides of a lawsuit accusing Harris County of unfair bail practices that unjustly imprison lower-income inmates are pressing for a swift resolution, and a judge says a ruling in the four-year … Continue reading →

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Llano County ordered to return books to library shelves

Posted on April 5, 2023 by Charles Kuffner

Yes, this is a thing that is happening in the year of our Lord 2023. Officials in Llano County must return to the public library system books they removed and allow them to be checked out again, a federal judge ruled this week. … Continue reading →

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The unhinged abortion pill lawsuit hearing

Posted on March 16, 2023 by Charles Kuffner

What a shitshow. The future of medication abortion in the United States remains up in the air after a federal judge heard arguments Wednesday in a suit challenging the Food and Drug Administration’s long-standing approval of mifepristone. U.S. District Judge … Continue reading →

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The hearing for that unhinged abortion pill lawsuit is today

Posted on March 15, 2023 by Charles Kuffner

Like I said, brace yourselves. A federal judge in Texas will hear arguments Wednesday in a closely watched dispute that could halt distribution of a key drug used for medication abortion and disrupt access nationwide, even in states where reproductive rights are protected. … Continue reading →

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The unhinged abortion pills lawsuit will take place in darkness

Posted on March 13, 2023 by Charles Kuffner

Nothing about this is good. The Texas judge who could undo government approval of a key abortion drug has scheduled the first hearing in the case for Wednesday but took unusual steps to keep it from being publicized, according to … Continue reading →

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The next frontier in forced birth litigation

Posted on March 12, 2023 by Charles Kuffner

This is truly wild, and potentially very scary. A Texas man is suing three women under the wrongful death statute, alleging that they assisted his ex-wife in terminating her pregnancy, the first such case brought since the state’s near-total ban … Continue reading →

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Fifth Circuit again takes Paxton off the hook for testifying in abortion funds’ lawsuit

Posted on February 20, 2023 by Charles Kuffner

It’s like deja vu all over again. Texas Attorney General Ken Paxton will not have to testify in court as part of a lawsuit over whether abortion funds can help people access the procedure in states where it’s still legal. … Continue reading →

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Judge in True the Vote lawsuit recuses himself

Posted on February 16, 2023 by Charles Kuffner

This is a surprise. A Reagan-appointed federal judge on Monday recused himself from a case involving a Houston-based conservative group that promotes election conspiracy theories after the group’s lawyers accused him of failing to be impartial. Election management software company … Continue reading →

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Texas clinics begin compliance with that wingnut anti-birth control court order

Posted on January 5, 2023 by Charles Kuffner

Infuriating but expected. Texas teens will now need their parents’ permission to get birth control at federally funded clinics, following a court ruling late last month. These clinics, funded through a program called Title X, provide free, confidential contraception to … Continue reading →

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Wingnut Trump judge issues his anti-birth control ruling

Posted on December 23, 2022 by Charles Kuffner

And from here it goes to the Fifth Circuit. Isn’t this fun? A federal court ruling Tuesday may make it nearly impossible for Texas teens to access birth control without their parents’ permission. U.S. District Judge Matthew Kacsmaryk ruled that … Continue reading →

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