Tag Archives: Fifth Circuit Court of Appeals

“Scandal of epic proportions” in the bankruptcy courts

Posted on October 31, 2024 by Charles Kuffner

This story is bonkers. Usually confident to the point of coming across self-righteous, Houston Bankruptcy Judge David Jones’ voice quivered as he stated repeatedly, “I don’t know. I don’t know. I don’t know what is going to happen next. I … Continue reading →

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Fifth Circuit pauses vote harvesting injunction

Posted on October 17, 2024 by Charles Kuffner

Here they come to do what they do. A federal appeals court has temporarily reinstated portions of Texas’ 2021 voting law regulating ballot handling, ruling that a judge’s previous decision to strike certain rules came too close to the 2024 … Continue reading →

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Fifth Circuit hears drag ban appeal

Posted on October 12, 2024 by Charles Kuffner

Hope for the best as always. A Fifth Circuit panel grappled with questions of free speech and expression on Wednesday as it deliberated whether to uphold a lower court’s ruling that a Texas law dealing with sexually explicit performances and … Continue reading →

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SCOTUS leaves Texas anti-EMTALA ruling in place

Posted on October 8, 2024 by Charles Kuffner

Another reminder of what the stakes are this election, in case you needed it. The Supreme Court on Monday refused to require doctors in Texas to perform certain emergency abortions when the procedure would conflict with the state’s strict abortion … Continue reading →

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Court reform has to be about more than just SCOTUS

Posted on September 29, 2024 by Charles Kuffner

Exhibit A. Texas Attorney General Ken Paxton returned to court on Thursday to press his case against the Biden administration’s workforce protections for transgender employees. Texas’s lawsuit, filed in federal court on Thursday against the Equal Employment Opportunity Commission and … Continue reading →

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Trial begins in Spring Branch ISD single member district lawsuit

Posted on September 11, 2024 by Charles Kuffner

Another big case in court this week. A lawsuit against Spring Branch ISD got its day in court Monday, after three years floating in the legal ether waiting for rulings from similar cases to play out. The suit, filed by … Continue reading →

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Full Fifth Circuit overturns Galveston redistricting ruling

Posted on August 5, 2024 by Charles Kuffner

Terrible. They’re just making this shit up as they go. Distinct minority groups cannot join together in coalitions to claim their votes are diluted in redistricting cases under the Voting Rights Act, a divided federal appeals court ruled Thursday, acknowledging … Continue reading →

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SCOTUS to hear appeal of Texas’ anti-porn law

Posted on July 5, 2024 by Charles Kuffner

The hits are already coming. The Supreme Court on Tuesday said it will consider a challenge to a Texas law that requires pornographic websites to verify the ages of their visitors. The dispute centers around Texas House Bill 1181, which … Continue reading →

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SCOTUS keeps Texas’ stupid social media censorship law blocked

Posted on July 2, 2024 by Charles Kuffner

The US Supreme Court did an awful lot of Very Bad Things this past week. You don’t need me to get into that, the entire Internet is screaming about it, with much justification. They also did at least one not … Continue reading →

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We are still being teased with “Feds investigating Paxton” stories

Posted on June 28, 2024 by Charles Kuffner

Please let this be true, please let this be true, please let this be true… A federal appeals court last week rejected an unnamed Texas agency’s attempt to withhold records and shield its employees from appearing before a grand jury … Continue reading →

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The leaked EMTALA draft is not a victory

Posted on June 27, 2024 by Charles Kuffner

This hit the internet like a thunderstorm yesterday. The US Supreme Court is poised to allow abortions in medical emergencies in Idaho, according to a copy of an opinion that was briefly posted on the court’s website. The decision would … Continue reading →

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Even the Fifth Circuit occasionally finds a limit

Posted on June 24, 2024 by Charles Kuffner

Remarkable. While it upheld the crux of a right-wing district judge’s ruling on a major Affordable Care Act case Friday, a panel of judges on the 5th Circuit Court of Appeals accused that district judge of abusing his discretion by … Continue reading →

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SCOTUS swats away that bogus mifepristone case

Posted on June 14, 2024 by Charles Kuffner

A good and expected result, though the door for future challenges remains open. A unanimous Supreme Court ruled Thursday that the anti-abortion doctor plaintiffs in a major mifepristone case lack standing to reimpose restrictions on the drug. The case presented … Continue reading →

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Fifth Circuit partially upholds ruling that ordered library books back on shelves in Llano County

Posted on June 10, 2024 by Charles Kuffner

This is a lot. Eight books dealing with subjects including racism and transgender issues must be returned to library shelves in a rural Texas county that had removed them in an ongoing book banning controversy, a divided panel of three … Continue reading →

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SCOTx upholds abortion ban in Zurawski lawsuit

Posted on June 1, 2024 by Charles Kuffner

I don’t know if the Supreme Court intended to bury the news of this stinker of a ruling on a Friday, but boy howdy if that was their intent did they ever pick the right Friday to do it on. … Continue reading →

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Full Fifth Circuit hears Galveston redistricting case

Posted on May 19, 2024 by Charles Kuffner

Always hard to feel any optimism when these guys are involved. Conservatives on the 5th Circuit Court of Appeals occasionally sounded like Fox News talking heads Tuesday as they weighed whether coalitions composed of multiple minority groups are protected under … Continue reading →

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We sure Ken Paxton isn’t investing in VPNs?

Posted on May 11, 2024 by Charles Kuffner

I mean… When she saw that Pornhub was disabling access in Texas, Express VPN privacy advocate Lauren Hendry Parsons’s reaction was rooted in what she’s seen the past few years. “Honestly, all I thought was, here we go again,” Parsons … Continue reading →

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The problem with Texas’ anti-porn law

Posted on May 2, 2024 by Charles Kuffner

Here’s a good explanation of the issue from Slate. After a federal district court judge found that the law likely violated the First Amendment rights of the plaintiffs—led by the adult film trade association the Free Speech Coalition—the 5th Circuit … Continue reading →

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SCOTUS leaves anti-porn law in place for now

Posted on May 1, 2024 by Charles Kuffner

No emergency intervention, but the appeal on the merits is still ongoing. The Supreme Court refused on Tuesday to block a Texas law that seeks to limit minors’ access to pornography on the internet by requiring age verification measures like … Continue reading →

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SCOTUS hears the EMTALA case

Posted on April 25, 2024 by Charles Kuffner

Hope for the best, but be prepared for the worst. The Supreme Court appeared split Wednesday in a case over whether a federal law requiring hospitals to provide appropriate stabilizing medical treatment for patients could in some cases overrule a … Continue reading →

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Book ban law stays blocked

Posted on April 18, 2024 by Charles Kuffner

Good. Key portions of a law signed last year by Gov. Greg Abbott requiring booksellers to rate books for sexual content when selling to schools will not go into effect after the 5th Circuit Court of Appeals on Tuesday declined … Continue reading →

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Trying again on judge shopping

Posted on April 15, 2024 by Charles Kuffner

If at first you don’t succeed… U.S. Senate leaders introduced legislation to end “judge shopping” — a practice that’s made a federal courthouse in Amarillo with a Trump-appointed judge a destination for conservative litigants challenging Biden administration policies. Senate Majority … Continue reading →

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The Fifth Circuit has its merits hearing on SB4

Posted on April 4, 2024 by Charles Kuffner

This is the big one. A federal appeals court heard arguments Wednesday from Texas and the federal government about whether it should continue blocking a new Texas law that would let state police arrest migrants suspected of entering the U.S. … Continue reading →

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The judge-shopping will continue for the foreseeable future

Posted on April 3, 2024 by Charles Kuffner

We’re gonna have to make them stop. The chief judge of the northern district of Texas, home to infamous Trump judge Matthew Kacsmaryk, has informed Senate Majority Leader Chuck Schumer (D-NY) that the district will not change its case assigning … Continue reading →

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Fifth Circuit leaves SB4 block in place

Posted on March 28, 2024 by Charles Kuffner

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

Posted on March 27, 2024 by Charles Kuffner

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

Posted on March 25, 2024 by Charles Kuffner

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

Posted on March 24, 2024 by Charles Kuffner

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

Posted on March 21, 2024 by Charles Kuffner

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

Posted on March 20, 2024 by Charles Kuffner

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

Posted on March 19, 2024 by Charles Kuffner

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

Posted on March 19, 2024 by Charles Kuffner

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

Posted on March 16, 2024 by Charles Kuffner

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

Posted on March 15, 2024 by Charles Kuffner

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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