#fifthcircuit — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #fifthcircuit, aggregated by home.social.
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FYI: Fifth Circuit kills FTC's in-house TurboTax order - and threatens its enforcement model: A federal appeals court vacated the FTC's cease-and-desist order against Intuit over TurboTax "free" ads, ruling internal FTC adjudication of deceptive advertising claims is unconstitutional. https://ppc.land/fifth-circuit-kills-ftcs-in-house-turbotax-order-and-threatens-its-enforcement-model/ #FifthCircuit #FTClaw #TurboTax #deceptiveadvertising #Intuit
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ICYMI: Fifth Circuit kills FTC's in-house TurboTax order - and threatens its enforcement model: A federal appeals court vacated the FTC's cease-and-desist order against Intuit over TurboTax "free" ads, ruling internal FTC adjudication of deceptive advertising claims is unconstitutional. https://ppc.land/fifth-circuit-kills-ftcs-in-house-turbotax-order-and-threatens-its-enforcement-model/ #FifthCircuit #FTC #TurboTax #Intuit #LegalNews
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FYI: Fifth Circuit rules oral consent beats FCC's written-only robocall rule: Fifth Circuit affirms TCPA allows oral consent for all pre-recorded calls, striking at FCC's written-consent requirement for telemarketing robocalls. What it means for marketers. https://ppc.land/fifth-circuit-rules-oral-consent-beats-fccs-written-only-robocall-rule/ #FifthCircuit #TCPA #Robocalls #Telemarketing #ConsentRules
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FYI: Fifth Circuit rules oral consent beats FCC's written-only robocall rule: Fifth Circuit affirms TCPA allows oral consent for all pre-recorded calls, striking at FCC's written-consent requirement for telemarketing robocalls. What it means for marketers. https://ppc.land/fifth-circuit-rules-oral-consent-beats-fccs-written-only-robocall-rule/ #FifthCircuit #TCPA #Robocalls #Telemarketing #ConsentRules
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Court Rules With SpaceX in Case Seeking to Gut NLRB, in Blow to Workers’ Rights
“This disastrous decision cannot stand,” said Sen. Bernie Sanders.
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“The only question is where that judicial review should occur.” So it opens the door to terrible #MatthewKacsmaryk and #FifthCircuit rulings, but does not wholly abdicate the rule of law.
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The case is going to be heard by a panel of judges in the #FifthCircuit Court of Appeals. Of the Circuit Court judges, only 5 out of 26 were appointed by a Democratic president.
#ElonMusk & #JeffBezos have gone #DistrictShopping instead of #JudgeShopping. It would be hard to find another District that was more designed for #conservative #Republican goals.
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2nd, & much more dramatically, the #FifthCircuit rules that bc the database of #geofence records is so large, & bc the whole database must be scanned through to find matches, the #FourthAmendment does not allow courts to issue #warrants to collect those records. In #legal terms, it is impossible to have a warrant particular enough to authorize the #surveillance. IOW, the govt can't gather these kinds of online records at all, even w/a #warrant based on #ProbableCause.
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The #FifthCircuit makes 2 important holdings. First, accessing any amount of #geofence records is a search under an expansive reading of Carpenter v. United States. That's the issue that creates the split w/the Fourth Circuit in United States v. Chatrie. …Chatrie held that accessing such records is not a search in the first place, at least if the records sought are relatively limited in scale. The Fifth Circuit expressly disagrees.
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Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…
The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history.
- Orin Kerr
@lawfare
#law #InfoSec #privacy
https://mastodon.social/@lawfare/112960836499873638 -
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 -
Once Again, #Originalism’s Hollow Core Is Revealed. In #rahimi #SupremeCourt #SCOTUS made the right decision for the wrong reasons. #domesticviolence #SecondAmendment #2ndamendment #gunviolence #courts #constitution #guns #originalism #billofrights #unqalifiedcommand #restrainingorder United States #CourtofAppeals for the #FifthCircuit #lawtrappedinamber https://www.theatlantic.com/ideas/archive/2024/06/failure-originalism-supreme-court/678783/ read free https://archive.is/GJziP
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“So, as of today, the Court has not adopted #Idaho's farfetched theories-but it has not rejected them either.
“Instead, the Court puts off the decision. But how long must pregnant patients wait…? Until we confront the pending petition…the Govt filed w/us after the #FifthCircuit enabled Texas's flouting of #EMTALA? Until these very cases return to us in a few yrs? Will this Court…have a do-over, rehearing & rehashing the same arguments…,just at a comparatively more convenient point in time?5/
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Actually, this is the second time the Supreme Court has slapped down the Fifth Circuit on standing.
(The first was FDA v. Alliance for Hippocratic Medicine, the misepristone case)
Let's hope the Fifth Circuit will temper its lawlessness now.
#SCOTUS #SupremeCourt #FifthCircuit #law #lawFedi #lawProf #standing #FifthCircuit #Speech
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US appeals court says SEC exceeded authority with fund rule - The Fifth Circuit found that the regulator overstepped its authority in ... - https://cointelegraph.com/news/sec-loses-case-after-exceeding-congressional-authority #appellatecourt #appealscourt #fifthcircuit #hedgefund #oversight #authority #fundrule #congress #rule #sec
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The #FifthCircuit’s #Reign of #Error Is in Jeopardy.
#Rightwingers have been #boosting their #nuttiest #cases by #JudgeShopping in #Texas. But that is about to get much harder.
#Women #Transgender #LGBTQ #LGBTQIA #Conservatives #Extremism #Fascism #Courts #Corruption #Partisanship #Religion #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #Misogyny #Transphobia #ThePartyOfHate #EmptyThePews
https://newrepublic.com/article/180233/texas-mifepristone-judge-shopping-supreme-court
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Here is the brief, late-night #FifthCircuit federal appeals court ruling that effectively again blocked a #Texas #immigration #law, #SB4, hours after the #SCOTUS had cleared the way for it to take effect. The TX law would make it a #crime to cross into the state from #Mexico, giving local authorities the #power to #arrest people suspected of illegally entering the country.
https://static01.nyt.com/newsgraphics/documenttools/6a75fbdc5a0b8f3b/98d173bb-full.pdf
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The late-night reversal meant that an #injunction imposed by a #federal district court last month would again be in force, blocking the #law from being in effect.
The back-&-forth series of #legal orders — & the on-again-off-again reality of a sweeping new #state-level #immigration law— prompted uncertainty along the #border & defiance from #Mexico’s govt on Tues.
Even before the #FifthCircuit’s late order, it had been unclear when #Texas would begin making arrests under the law.
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Hours after #SCOTUS allowed the #Texas #Immigration #Law #SB4 to go into effect, the #FifthCircuit unexpectedly issued an order effectively blocking the law’s implementation.
A 3-judge panel of Fifth Circuit Court of Appeals said that it was dissolving its own earlier ruling, which had cleared the way for the law to be implemented once the #SupremeCourt acted.
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#FifthCircuit keeps #Texas' #antidrag #law on ice as the state's #appeal #proceeds.
#Judge #JamesHo, though, wrote that #Texas should immediately be allowed to #enforce the #law — despite a #district #judge's #ruling that the #law is #unconstitutional.
#Women #Transgender #LGBTQ #LGBTQIA #Texas #Conservatives #Extremism #Fascism #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #Transphobia #ThePartyOfHate
https://www.lawdork.com/p/texas-anti-drag-law-fifth-circuit-order-ho
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#LGBTQ+ #Worker #Rights #Battle to #HeatUp Post-#FifthCircuit #ruling
A federal #appealscourt’s #decision this week finding that #religious #employers can skirt #liability for #LGBTQ+ #workers’ #discrimination #claims has created additional #uncertainty and opened the door to more #litigation
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United States Appeals Court rules in favour of Microsoft against an autistic who tried to obtain accommodations
https://au-ti.com/2021/06/24/fifth-circuit-rules-in-favour-of-microsoft-against-an-autistic-employee/
#Reasonableadjustments #FifthCircuit #UnitedStates #Microsoft #Americas