#fifthcircuit — Public Fediverse posts on home.social

Judges not impressed by #Amazon, #SpaceX's attempt to have #US National Labor Relations Board (#NLRB) declared #unconstitutional
Both companies took to #FifthCircuit #CourtofAppeals to argue NLRB violates separation of powers.
"constitutionality of the NLRB (and some other federal administrative agencies) was settled decades ago," Polden told us in February. "I think that the likelihood that a credible federal appellate court would take the claim seriously is very remote"
https://www.theregister.com/2024/11/18/appeals_court_amazon_spacex_nlrb/

#amazon #spacex #us #nlrb #unconstitutional #fifthcircuit

#FreedomtoRead #Advocates Look to Expand Efforts Beyond the #Courtroom

As a key #lawsuit in #LlanoCounty is set to be heard by the full #FifthCircuit #CourtofAppeals, freedom-to-read advocates consider their next moves

#freedomtoread #advocates #courtroom #lawsuit #llanocounty #fifthcircuit

In a major decision federal #FifthCircuit #CourtofAppeals held that #geofence #warrants are “categorically prohibited by the #FourthAmendment.”
Court determined under Supreme Court’s landmark ruling in Carpenter v. United States, individuals have reasonable expectation of #privacy in #location data implicated by #geofencewarrants.
Second, court found that even though investigators seek warrants for geofence location data, these searches are inherently #unconstitutional.
https://www.eff.org/deeplinks/2024/08/federal-appeals-court-finds-geofence-warrants-are-categorically-unconstitutional