Hacker News
- Fifth Circuit Rules White House, CDC Violated First Amendment [pdf] https://www.ca5.uscourts.gov/opinions/pub/23/23-30445-CV0.pdf 10 comments
- 5th Circuit Court Finds SEC Enforcement Unconstitutional [pdf] https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf 170 comments
- The Mandate is a one-size-fits-all sledgehammer [pdf] https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf 86 comments
- Mandate is hereby stayed pending further action by this court [pdf] https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf 140 comments
- Fifth Circuit holds that First Amendment protects the right to record the police [pdf] http://www.ca5.uscourts.gov/opinions/pub/16/16-10312-CV0.pdf 189 comments
- Things I didn’t have on my 2024 calendar: Fifth Circuit nullifies Texas “open carry” law https://www.ca5.uscourts.gov/opinions/pub/22/22-50915-CV0.pdf 5 comments law
- Texas Border Case set for oral argument 3/20 at 5th circuit https://www.ca5.uscourts.gov/oral-argument-information/court-calendars/Details/1747/ 7 comments law
- USA v Abbott - Fifth Circuit orders Texas to remove floating barriers in the Rio Grande https://www.ca5.uscourts.gov/opinions/pub/23/23-50632-CV0.pdf 34 comments law
- Baker v. City of McKinney: Fifth Circuit finds a longstanding exception to the takings clause for actions that are necessary in an active emergency https://www.ca5.uscourts.gov/opinions/pub/22/22-40644-CV0.pdf 7 comments law
- Fifth Circuit: it “should go without saying” that keeping an inmate in prison for TWO YEARS after his release date violates the Constitution…but plaintiff did not show that it was “objectively unreasonable” for officials to violate clearly established law. Qualified immunity. https://www.ca5.uscourts.gov/opinions/pub/21/21-30625-CV0.pdf?_hsenc=p2ANqtz-82yJSueWj_tkkvzB7HnpmRzgyVzE7foE3B9yxfA13ybsQUgIELW4iO2Lin_cWZXEOYeFVvPyIeNvdVl0wPDipx0c6l1Q&_hsmi=246566622 41 comments law
- For over two months and without a warrant, DHS agents constantly surveil the front and back of home by means of cameras placed on poles outside. Fifth Circuit says no Fourth Amendment violation; anyone strolling by could take in the same view. 18yr sentence for marijuana-growing operation affirmed http://www.ca5.uscourts.gov/opinions/pub/19/19-50855-CR0.pdf?mkt_tok=MTEwLVdTQi03ODcAAAGF6m2bAHjtBOyz9KVMmB_jKcixWB0tGnBCaesKaHUr1PwwkgbNltABl-opCbDYGrliPJCag9q096ZniTfHtHim_D1WdETVxAdZbcnsyhk1g00 153 comments law
- 5/18/2022 - Petition for Review of an Order of the United States Securities and Exchange Commission No. 3-15255 - does the lack of jury trials mean no federal administrative rules are enforceable? https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf 7 comments law
- Petition for Review of an Order of the United States Securities and Exchange Commission No. 3-15255 https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf 7 comments politics
- The 5th Circuit has essentially dismantled the SEC’s ability to enforce securities law, holding that an SEC ALJ’s adjudication of an enforcement action violated plaintiff’s 7th Amendment right to a jury trial and that Congress “unconstitutionally” delegated legislative power to the SEC. https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf 222 comments law
- In which the 5th Circuit rules that police officers had reasonable suspicion to search two men who parked in the parking lot of a convenience store and did not exit their car for 10-15 seconds https://www.ca5.uscourts.gov/opinions/pub/20/20-60056-CR0.pdf 254 comments law
- Police respond to a 911 call about a suicidal man holding a can of gasoline. One allegedly says, "If we tase him, he is going to light on fire." They pepper spray him, watch as he douses himself in gasoline, then tase him. He bursts into flames and dies. Fifth Circuit: Qualified immunity. https://www.ca5.uscourts.gov/opinions/unpub/20/20-10055.0.pdf 196 comments law
- 5th Circuit Court UPHOLDS Gov. Abbott order that limits counties to 1 mail-in ballot drop-off location. 3-judge panel, all Trump nominees, says Abbott in fact expanded access to voting by allowing drop-offs before election day. http://www.ca5.uscourts.gov/opinions/pub/20/20-50867-CV0.pdf 34 comments law
- Fifth Circuit Releases Opinion and Dissent Finding Mississippi District Violates Section 2 of the Voting Rights Act http://www.ca5.uscourts.gov/opinions/pub/19/19-60133-CV2.pdf 5 comments law
- Texas Defeats EEOC Background Check Guidance At 5th Circ. http://www.ca5.uscourts.gov/opinions/pub/18/18-10638-CV0.pdf 20 comments law
- Held: There is no clearly established constitutional right to be free from false police reports. Rich v. Palko, 5th Cir., No. 18-40415 [pdf of opinion] http://www.ca5.uscourts.gov/opinions/pub/18/18-40415-CV0.pdf 18 comments law
- Federal court reverses David West's $1.5 million Deep Water Horizon award http://www.ca5.uscourts.gov/opinions/pub/18/18-30394-cv0.pdf 6 comments nba
- 5th Cir.: Officer who suddenly and rapidly decelerated in front of motorcyclist doing over 100mph whilst fleeing from other officers, leading to a collision and the death of the motorcyclist, entitled to qualified immunity. Morrow v. Meachum, No. 17-11243 [pdf of opinion] http://www.ca5.uscourts.gov/opinions/pub/17/17-11243-CV0.pdf 23 comments law
- Michigan Inmate: 2 months after my gang-related murder conviction juror#4 alleged juror#5 facebook-stalked me and became a google-qualified gang sociologist at deliberations. MI: We had gang experts too... 6th Cir.: Hold a hearing ASAP... and get that habeas grant ready too. http://www.ca5.uscourts.gov/opinions/pub/18/18-20015-CR0.pdf 4 comments law
- Fifth Cir. affirms dismissal of tort claim against Apple arising out of texting-while-driving accident. Meador v. Apple, No. 17-40968. [pdf of opinion] http://www.ca5.uscourts.gov/opinions/pub/17/17-40968-CV0.pdf 10 comments law
- 5th Cir. affirms award of $0 in attorney fees to successful FDCPA claimant. Davis v. Credit Bureau of the South, No. 17-41136 [pdf of opinion] http://www.ca5.uscourts.gov/opinions/pub/17/17-41136-CV0.pdf 37 comments law
- En Banc Fifth Circuit Holds Prosecutors Are Not Obligated To Disclose Evidence That Proves A Defendant's Innocence If The Defendant Takes A Plea - Alvarez v. City of Brownsville, Released September 18, 2018 http://www.ca5.uscourts.gov/opinions/pub/16/16-40772-CR2.pdf 124 comments law
- Fifth Cir. reverses dismissal of indictment where trial judge "apparently attributed [prosecutor's] mistake to her sex." U.S. v. Swenson [pdf of opinion] http://www.ca5.uscourts.gov/opinions/pub/17/17-20131-CR0.pdf 10 comments law
- 5th Circuit issues writ of mandamus in a case that has been pending for nine years at the District level. http://www.ca5.uscourts.gov/opinions/pub/17/17-20618-CV0.pdf 43 comments law
- Opinion in Chamber of Commerce of USA et al v. U.S. Dept. of Labor, No. 17-10238 (5th Cir., March 15, 2018) http://www.ca5.uscourts.gov/opinions/pub/17/17-10238-CV0.pdf 3 comments law
- In light of the NRA's challenge to Florida's new age-based firearms restriction, I'd like people's thoughts on a Fifth Circuit case on age-based restrictions for purchasing handguns http://www.ca5.uscourts.gov/opinions%5Cpub%5C11/11-10959-CV0.wpd.pdf 9 comments law
- Fifth Circuit for the first time holds that there is a First Amendment right to record the police. http://www.ca5.uscourts.gov/opinions/pub/16/16-10312-CV0.pdf 70 comments law
- After remand from SCOTUS, Fifth Circuit again rejects challenge to UT Austin's use of race as a factor in admissions. http://www.ca5.uscourts.gov/opinions/pub/09/09-50822-CV2.pdf 6 comments law
- Asking for referrals can be technically illegal in Texas? What do you think about barratry laws? More in comments. (Warning: PDF) http://www.ca5.uscourts.gov/opinions%5Cpub%5C10/10-50568-CV0.wpd.pdf 6 comments law
- The U.S. 5th Cir. rules in casual 3-page opinion that New Orleans speeding/red-light camera system is constitutional and not "penal in nature." Respectfully to the 5th Cir.: you got it wrong. http://www.ca5.uscourts.gov/opinions%5Cunpub%5C11/11-30711.0.wpd.pdf 10 comments law
- Appeals Court finds no property-like right to a specific firearm. "Just as some regulation of speech–e.g., of obscenity and defamation–is 'outside the reach' of the First Amendment, so, too, is some regulation of firearms outside the reach of the Second.” http://www.ca5.uscourts.gov/opinions/pub/11/11-30198-cv0.wpd.pdf 4 comments politics