#5thcircuit — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #5thcircuit, aggregated by home.social.
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Fifth Circuit Looks Like It’s Ready To Roll Back Its Decision Recognizing Due Process Rights For Migrants
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Fifth Circuit Looks Like It’s Ready To Roll Back Its Decision Recognizing Due Process Rights For Migrants
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Fifth Circuit Says Gov’t Can Violate Migrants’ Due Process Rights… But Only For 90 Days
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Fifth Circuit Says Gov’t Can Violate Migrants’ Due Process Rights… But Only For 90 Days
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In NetChoice V. Murrill, The Copia Institute Asks The Fifth Circuit Not To Keep Ignoring The First Amendment
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In NetChoice V. Murrill, The Copia Institute Asks The Fifth Circuit Not To Keep Ignoring The First Amendment
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Alito Helped Normalize Unreasoned Shadow Docket Orders. Now He’s Mad About One.
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Alito Helped Normalize Unreasoned Shadow Docket Orders. Now He’s Mad About One.
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#Republican #ViolenceAgainstWomen
A US appeals court on Friday temporarily blocked a federal rule allowing the #AbortionMedication #mifepristone to be dispensed through the #mail, significantly curtailing #access to the drug #nationwide, particularly in states that banned #abortion.
A 3-judge panel of the ultra-#conservative #5thCircuit ruled unanimously that #Louisiana was likely to prevail in its challenge to the 2023 rule adopted by President #Biden's admin.
#law
https://www.reuters.com/world/us-court-blocks-mail-order-access-abortion-drugs-now-2026-05-01/?utm_source=braze&utm_medium=notifications&utm_campaign=2025_engagement -
#Republican #ViolenceAgainstWomen
A US appeals court on Friday temporarily blocked a federal rule allowing the #AbortionMedication #mifepristone to be dispensed through the #mail, significantly curtailing #access to the drug #nationwide, particularly in states that banned #abortion.
A 3-judge panel of the ultra-#conservative #5thCircuit ruled unanimously that #Louisiana was likely to prevail in its challenge to the 2023 rule adopted by President #Biden's admin.
#law
https://www.reuters.com/world/us-court-blocks-mail-order-access-abortion-drugs-now-2026-05-01/?utm_source=braze&utm_medium=notifications&utm_campaign=2025_engagement -
Fifth Circuit Continues Running The Table, Says Ten Commandments Law In Texas Is Constitutional
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Fifth Circuit Continues Running The Table, Says Ten Commandments Law In Texas Is Constitutional
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#Texas can require the #TenCommandments to be displayed in #PublicSchool #classrooms, a #US appeals court ruled Tuesday in a victory for #conservatives who have long sought to incorporate more #religion into schools.
It sets up a potential clash at #SCOTUS over the issue in the future.
The ultra conservative #5thCircuit Court of Appeals claimed in the decision that the #law did not violate either the #EstablishmentClause or the #FreeExerciseClause of the #FirstAmendment. -
#Texas can require the #TenCommandments to be displayed in #PublicSchool #classrooms, a #US appeals court ruled Tuesday in a victory for #conservatives who have long sought to incorporate more #religion into schools.
It sets up a potential clash at #SCOTUS over the issue in the future.
The ultra conservative #5thCircuit Court of Appeals claimed in the decision that the #law did not violate either the #EstablishmentClause or the #FreeExerciseClause of the #FirstAmendment. -
Supreme Court Shrugs Off Opportunity To Save The First Amendment From The Fifth Circuit’s Antipathy
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Supreme Court Shrugs Off Opportunity To Save The First Amendment From The Fifth Circuit’s Antipathy
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5th Circuit Flips Cop V. Protester Case To Jury After Spending 7 Years Pretending The 1st Amendment Doesn’t Exist
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5th Circuit Flips Cop V. Protester Case To Jury After Spending 7 Years Pretending The 1st Amendment Doesn’t Exist
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Considering that the 5th Circuit encompasses Texas, Louisiana, and Mississippi and with the exception of NOLA, three of the shittiest of shit-hole States in these Divided States of America, can we just get rid of the 5th Circuit? Can anyone name one good decision that has come out of that Court?
One?
#USpol #SCOTUS #USCOA #5thCircuit
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RE: https://shakedown.social/ap/users/115799631120681778/statuses/116279188655472540 -
Fifth Circuit: Actually, Putting The Ten Commandments In Schools Is Probably Fine
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Fifth Circuit: Actually, Putting The Ten Commandments In Schools Is Probably Fine
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Judges MAKE MAJOR RULING on Trump’s INHUMANE Detention SCHEME
https://www.youtube.com/watch?v=8wj4ZjMv-TA#Law #Texas #5thCircuit #JudgeJones #Detention #Immigration #8thAmendment #13thAmendment #Cruelty #HumanRightsViolation #HabeasCorpus #ICE #Miller
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Judges MAKE MAJOR RULING on Trump’s INHUMANE Detention SCHEME
https://www.youtube.com/watch?v=8wj4ZjMv-TA#Law #Texas #5thCircuit #JudgeJones #Detention #Immigration #8thAmendment #13thAmendment #Cruelty #HumanRightsViolation #HabeasCorpus #ICE #Miller
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5th Circuit Says Due Process Rights For Immigrants No Longer Exist In Its Jurisdiction
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5th Circuit Says Due Process Rights For Immigrants No Longer Exist In Its Jurisdiction
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The 2-1 ruling from the ultra conservative #5thCircuit Court of Appeals means that in several southern states, scores of #immigrants who had been living in the #US unlawfully, including those who were previously allowed to remain out on bond as their case made its way through the #immigration system, can now be detained & denied the opportunity to seek their release through bond hearings before immigration judges.
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The 2-1 ruling from the ultra conservative #5thCircuit Court of Appeals means that in several southern states, scores of #immigrants who had been living in the #US unlawfully, including those who were previously allowed to remain out on bond as their case made its way through the #immigration system, can now be detained & denied the opportunity to seek their release through bond hearings before immigration judges.
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#SCOTUS has taken up the Mississippi’s appeal after a panel of 3 judges nominated by #Trump on the #5thCircuit Court of Appeals ruled in 2024 that its #law allowing #ballots that arrive shortly after #Election Day to be counted violated federal law.
“No one knows how the Supreme Court will rule,” DeWine said. “However, if the court in late June upholds the 5th Circuit case & Ohio’s grace period for counting late ballots is still in effect, the election situation in Ohio would be chaotic.”
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#SCOTUS has taken up the Mississippi’s appeal after a panel of 3 judges nominated by #Trump on the #5thCircuit Court of Appeals ruled in 2024 that its #law allowing #ballots that arrive shortly after #Election Day to be counted violated federal law.
“No one knows how the Supreme Court will rule,” DeWine said. “However, if the court in late June upholds the 5th Circuit case & Ohio’s grace period for counting late ballots is still in effect, the election situation in Ohio would be chaotic.”
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In his ruling, Judge Garcia wrote that “it is impracticable, if not impossible, to prevent plaintiffs from being subjected to unwelcome religious displays” w/o stopping school districts from enforcing that #law.
The decision comes amid an ongoing battle over whether states can legally compel school districts to display the #TenCommandments. In June, a panel of judges on the US Court of Appeals for the #5thCircuit said a similar law in #Louisiana requiring postings was “plainly unconstitutional.” -
In his ruling, Judge Garcia wrote that “it is impracticable, if not impossible, to prevent plaintiffs from being subjected to unwelcome religious displays” w/o stopping school districts from enforcing that #law.
The decision comes amid an ongoing battle over whether states can legally compel school districts to display the #TenCommandments. In June, a panel of judges on the US Court of Appeals for the #5thCircuit said a similar law in #Louisiana requiring postings was “plainly unconstitutional.” -
“The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent,”Oldham wrote [ridiculous].
The panel did grant the #Trump admin one legal victory, finding the procedures it uses to advise detainees under the #AlienEnemiesAct of their legal rights is appropriate.
The ruling can be appealed to the full #5thCircuit or directly to the #SCOTUS, which is likely to make the ultimate decision on the issue.
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“The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent,”Oldham wrote [ridiculous].
The panel did grant the #Trump admin one legal victory, finding the procedures it uses to advise detainees under the #AlienEnemiesAct of their legal rights is appropriate.
The ruling can be appealed to the full #5thCircuit or directly to the #SCOTUS, which is likely to make the ultimate decision on the issue.
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“A country’s encouraging its residents & citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the judges wrote.
In a lengthy dissent, Oldham complained his two colleagues were second-guessing Trump’s conduct of foreign affairs & national security, realms where courts usually give the president great deference.
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“A country’s encouraging its residents & citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the judges wrote.
In a lengthy dissent, Oldham complained his two colleagues were second-guessing Trump’s conduct of foreign affairs & national security, realms where courts usually give the president great deference.
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The decision bars #deportations from #Texas, #Louisiana & #Mississippi. In the majority were US Circuit Judges Leslie Southwick, a George W. Bush appointee, & Irma Carrillo Ramirez, a Joe Biden appointee. Andrew Oldham, a #Trump appointee, dissented.
The majority opinion said Trump’s allegations about Tren de Aragua do not meet the historical levels of national conflict that #Congress intended for the act.
https://s3.documentcloud.org/documents/26081114/ca5-aea.pdf
#law #AlienEnemiesAct #ImmigrationLaw #immigration #5thCircuit
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The decision bars #deportations from #Texas, #Louisiana & #Mississippi. In the majority were US Circuit Judges Leslie Southwick, a George W. Bush appointee, & Irma Carrillo Ramirez, a Joe Biden appointee. Andrew Oldham, a #Trump appointee, dissented.
The majority opinion said Trump’s allegations about Tren de Aragua do not meet the historical levels of national conflict that #Congress intended for the act.
https://s3.documentcloud.org/documents/26081114/ca5-aea.pdf
#law #AlienEnemiesAct #ImmigrationLaw #immigration #5thCircuit
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The #Trump admin unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to #Venezuela’s government & represented a danger to the #US, meriting use of the act.
In a 2-1 ruling, the judges said they granted the preliminary injunction sought by the plaintiffs because they “found no invasion or predatory incursion” in this case.
#law #AlienEnemiesAct #ImmigrationLaw #immigration #5thCircuit #AbuseOfPower #Constitution #DueProcess
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The #Trump admin unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to #Venezuela’s government & represented a danger to the #US, meriting use of the act.
In a 2-1 ruling, the judges said they granted the preliminary injunction sought by the plaintiffs because they “found no invasion or predatory incursion” in this case.
#law #AlienEnemiesAct #ImmigrationLaw #immigration #5thCircuit #AbuseOfPower #Constitution #DueProcess
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The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.
In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.
The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.
#Trump #law #ImmigrationLaw #immigration #5thCircuit #AbuseOfPower #Constitution #DueProcess #rendition
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The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.
In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.
The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.
#Trump #law #ImmigrationLaw #immigration #5thCircuit #AbuseOfPower #Constitution #DueProcess #rendition
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#LeeGelernt, who argued the case for the #ACLU, said Tuesday: “The #Trump administration’s use of a wartime statute during peacetime to regulate #immigration was rightly shut down by the court. This is a critically important decision reining in the administration’s view that it can simply declare an emergency without any oversight by the courts.”
#law #AlienEnemiesAct #ImmigrationLaw #5thCircuit #ExecutiveOverreach #AbuseOfPower #Constitution #DueProcess #rendition #StateSponsoredAbduction
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#LeeGelernt, who argued the case for the #ACLU, said Tuesday: “The #Trump administration’s use of a wartime statute during peacetime to regulate #immigration was rightly shut down by the court. This is a critically important decision reining in the administration’s view that it can simply declare an emergency without any oversight by the courts.”
#law #AlienEnemiesAct #ImmigrationLaw #5thCircuit #ExecutiveOverreach #AbuseOfPower #Constitution #DueProcess #rendition #StateSponsoredAbduction
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A 3-judge panel of the #5thCircuit Court of Appeals, one of the most #conservative federal appeals courts in the country, agreed with #ImmigrantRights lawyers & lower court judges who argued the #AlienEnemiesAct of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group #Trump targeted in his March invocation.
#law #ImmigrationLaw #immigration #ExecutiveOverreach #AbuseOfPower #Constitution #DueProcess #rendition #StateSponsoredAbduction
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A 3-judge panel of the #5thCircuit Court of Appeals, one of the most #conservative federal appeals courts in the country, agreed with #ImmigrantRights lawyers & lower court judges who argued the #AlienEnemiesAct of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group #Trump targeted in his March invocation.
#law #ImmigrationLaw #immigration #ExecutiveOverreach #AbuseOfPower #Constitution #DueProcess #rendition #StateSponsoredAbduction
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The core of the dispute is over whether the #NLRB’s in-house judges, called administrative law judges, enjoy unlawful protections that shield them from removal by the president. If that’s the case, it violates constitutional rules governing the #SeparationOfPowers, the judges said.
The panel included two judges appointed by #Trump & a third judge appointed by George H.W. #Bush.
