Tag Archives: Fifth Circuit Court of Appeals

Fifth Circuit leaves SB4 block in place

Good. A federal appeals panel late Tuesday night declined to put Texas’s migrant deportation law back in effect, saying the state law seizes powers that are “likely reserved to the United States.” The 2-1 opinion from the 5th Circuit Court … Continue reading

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SCOTUS seems likely to dump the mifepristone ban case

Some good news. For this Supreme Court to reject abortion restrictions, the argument has to be pretty bad. “That it?” Justice Amy Coney Barrett cut in tersely as anti-abortion group lawyer Erin Hawley (yes, that Hawley) enumerated the supposed harms … Continue reading

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Mexico asks Fifth Circuit to keep blocking SB4

They definitely have an interest in this. The Mexican government is urging a federal court to block Texas’ migrant deportation law, arguing it will trample the country’s right to regulate its own borders, terrorize the 2.4 million Mexican nationals living … Continue reading

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Paxton sues two more adult websites

I’m sure he’s got a list. Two more adult websites are facing lawsuits from Texas Attorney General Ken Paxton’s office over accusations they’re not following the state’s age verification law, the latest effort to legally go after internet porn providers. … Continue reading

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Fifth Circuit has its SB4 hearing

More whiplashing. The chief judge on an appeals panel weighing whether to block Texas’ new migrant deportation law appeared skeptical that it does not run afoul of longstanding precedent leaving immigration enforcement solely to the federal government. Questioning the state’s … Continue reading

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And just like that, SCOTUS flipflops on SB4

UPDATE: It’s blocked again! A federal appeals court late Tuesday night stopped a state law allowing Texas police to arrest people suspected of illegally crossing the Texas-Mexico border — hours after the U.S. Supreme Court had allowed it to go … Continue reading

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SCOTUS pauses SB4 again

This time indefinitely. The Supreme Court on Monday extended a temporary block on a new Texas immigration law that is being challenged by the Biden administration. In an order issued by conservative Justice Samuel Alito, the court again imposed a … Continue reading

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Sure, Pornhub could verify identities and ages if they wanted to

But that’s not the point. House Bill 1181, which was passed in June and went into effect in September, says that any entity publishing pornographic material must require a visitor to provide digital identification or use a commercial age verification … Continue reading

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Pornhub blocks access from Texas

I’m sure you’ve already noticed, but just in case… One of the most-visited pornography websites, Pornhub, disabled its site in Texas on Thursday over objections to a state law that requires age verification to prevent access to minors. People who … Continue reading

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Fifth Circuit mostly upholds that wingnut anti-birth control ruling

A tale as old as time, the Fifth Circuit doing terrible things. The 5th Circuit Court of Appeals upheld a Texas law requiring parental consent to obtain contraception for minors. The decision from a three-judge panel of the federal appeals … Continue reading

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There may finally be some resistance to judge-shopping in federal courts

Good news. The Judicial Conference, the policymaking body for federal courts, announced Tuesday that it would take action against the judge-shopping that has let right-wing litigants funnel cases to friendly, often Donald Trump-appointed judges. “The policy addresses all civil actions … Continue reading

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SB4 remains on hold

Fine by me. No rush. The Supreme Court on Tuesday further delayed a new Texas law empowering state authorities to arrest and deport migrants that would transform immigration enforcement long left to the federal government. Justice Samuel Alito extended an … Continue reading

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The Fifth Circuit remains extremely on brand

Of all the Fifth Circuits in the world, they’re the Fifth Circuitest. A new law empowering state authorities to arrest and deport migrants seeking asylum in the United States may soon take effect after an appeals court stepped in to … Continue reading

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Paxton sues Pornhub under the currently-enforceable state anti-porn law

Welp. Republican Texas Attorney General Ken Paxton this week sued a major online porn distributor in an effort to enforce a new state law mandating age verification and purported health warnings on adult websites. The lawsuit, filed in state court … Continue reading

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SCOTUS has its hearing on the stupid social media censorship law

Some modest hope, perhaps, that we’ll get a not-terrible ruling. The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube, and other social media platforms regulate content posted by their users. The cases … Continue reading

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Fifth Circuit upholds injunction in book rating lawsuit

Good news. The Fifth Circuit Court of Appeals on Wednesday blocked a new Texas law that requires bookstores to rate books for sexual content and prohibits any deemed “sexually explicit” from the state’s public schools. A panel of three judges … Continue reading

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SCOTUS to hear Idaho EMTALA appeal

This does sound ominous. The Supreme Court announced Friday that it would take up a case centered on abortion care in emergency medical situations, leapfrogging the 9th Circuit Court of Appeals, which was scheduled to hear arguments later this month. … Continue reading

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Fifth Circuit rules EMTALA doesn’t apply to abortions

A typically crappy ruling from our least favorite appeals court. Federal regulations do not require emergency rooms to perform life-saving abortions if it would run afoul of state law, a federal appeals court ruled Tuesday. After the overturn of Roe … Continue reading

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Fifth Circuit slaps down “bad faith” obscenity prosecution

This is fascinating. An appeals court on Monday blocked a Texas district attorney from pursuing child pornography charges against Netflix for showing the French film “Cuties.” In a 3-0 ruling, the 5th Circuit Court of Appeals upheld a lower court … Continue reading

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SCOTUS takes up mifepristone appeal

Get ready. The Supreme Court announced Wednesday that it will hear arguments on the accessibility of the abortion drug mifepristone in the biggest abortion case since Dobbs. The case stems from a widely panned decision handed down by notorious Donald … Continue reading

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Fifth Circuit does its thing with Galveston redistricting

Death, taxes, and the Fifth Circuit being terrible. The U.S. 5th Circuit Court of Appeals has blocked a new political map imposed on Galveston County by a lower court from taking effect. Plaintiffs are asking the U.S. Supreme Court to … Continue reading

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Spring Branch ISD single member district lawsuit on hold as federal courts screw around with VRA

Frustrating. A federal lawsuit that aims to change Spring Branch ISD’s election system to bring more representation to the school board will likely be delayed for months, pending decisions in several other cases that could impact the legality of the … Continue reading

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Galveston ordered to use its current map for 2024

Pending the Fifth Circuit, of course. A federal judge ruled Galveston County must keep its old commissioner precinct map in place for the 2024 election while a federal appeals court mulls overturning its precedent and allowing new maps which do … Continue reading

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Fifth Circuit has its book rating lawsuit hearing

It looks like it might have…gone well? I am cautiously hopeful. Federal appellate judges Wednesday questioned a new Texas law requiring book sellers to rate the explicitness and relevance of sexual references in materials they sell to schools, though it … Continue reading

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Idaho appeals EMTALA injunction to SCOTUS

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

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

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

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

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

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

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

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

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

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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