the lawless fifth circuit
@lawless5th.bsky.social
A law unto itself
Reposted by the lawless fifth circuit
NEW: Judge Andrew Oldham—a 5th Circuit Trump appointee auditioning for SCOTUS—just published a WILDLY inappropriate opinion criticizing Biden’s commutation of a man’s death sentence and strongly suggesting that Biden wasn’t lucid enough to know what he was signing. www.scribd.com/document/843...
March 27, 2025 at 11:57 PM
NEW: Judge Andrew Oldham—a 5th Circuit Trump appointee auditioning for SCOTUS—just published a WILDLY inappropriate opinion criticizing Biden’s commutation of a man’s death sentence and strongly suggesting that Biden wasn’t lucid enough to know what he was signing. www.scribd.com/document/843...
Reposted by the lawless fifth circuit
5th Circuit rules that the DACA program that protects Dreamers is unlawful but limits relief to Texas and puts decision on hold:
www.documentcloud.org/documents/25...
www.documentcloud.org/documents/25...
daca
www.documentcloud.org
January 17, 2025 at 8:30 PM
5th Circuit rules that the DACA program that protects Dreamers is unlawful but limits relief to Texas and puts decision on hold:
www.documentcloud.org/documents/25...
www.documentcloud.org/documents/25...
Reposted by the lawless fifth circuit
Going into the weekend, some thoughts about the 5th Cir.'s razor-thin majority decision gutting the rule adopted by the NASDAQ stock exchange in support of a "free market" approach to corporate board diversity. 1/x
www.davispolk.com/insights/cli...
www.davispolk.com/insights/cli...
Fifth Circuit vacates Nasdaq board diversity mandate
A split en banc Fifth Circuit (9 in the majority and 8 in the dissent) has issued a majority opinion vacating the SEC’s order approving Nasdaq’s board diversity mandate, holding that the “SEC failed t...
www.davispolk.com
December 14, 2024 at 1:05 AM
Going into the weekend, some thoughts about the 5th Cir.'s razor-thin majority decision gutting the rule adopted by the NASDAQ stock exchange in support of a "free market" approach to corporate board diversity. 1/x
www.davispolk.com/insights/cli...
www.davispolk.com/insights/cli...
nobody wants to work anymore
I’ve never seen or heard of this before. The en banc CA5 affirms after it finds itself unable to issue an opinion.
www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.gov/opinions/pub...
December 11, 2024 at 7:21 PM
nobody wants to work anymore
originalism is the belief that our founders intended to create a system of coequal branches in which the courts have the exclusive authority to write all the laws & rules governing everything at all times, while the other two branches have the exclusive authority to go fuck themselves.
A panel of Fifth Circuit judges seemed on Monday to side with gun rights groups over the ATF’s ban on forced reset triggers by treating them as illegal machine guns. www.courthousenews.com/fifth-circui...
Fifth Circuit skeptical ATF’s forced reset trigger ban
A federal judge ruled in July that the ATF cannot treat forced reset triggers as illegal machine guns.
www.courthousenews.com
December 10, 2024 at 2:53 AM
originalism is the belief that our founders intended to create a system of coequal branches in which the courts have the exclusive authority to write all the laws & rules governing everything at all times, while the other two branches have the exclusive authority to go fuck themselves.
5th Circuit triggered when they finally read Art.III.S1 and find out they are, in fact, inferior
Judge Ho (5th Cir) is BIG MAD that SCOTUS reversed his insane decision in the mifepristone case so he wrote a pissy concurrence to a *remand order*, which... that's not a thing judges do.
He's also envious of SCOTUS's power to make stuff up, as in Dobbs.
storage.courtlistener.com/recap/gov.us...
He's also envious of SCOTUS's power to make stuff up, as in Dobbs.
storage.courtlistener.com/recap/gov.us...
September 17, 2024 at 2:00 AM
5th Circuit triggered when they finally read Art.III.S1 and find out they are, in fact, inferior
an atextual and ahistorical conclusion to overturn its own en banc precedent
BREAKING: The Fifth Circuit further guts the Voting Rights Act, holding that Section 2 vote dilution claims cannot be based on "coalitions of racial and language minorities." Edith Jones, a Reagan appointee, writes the 12-6 opinion for the en banc court. storage.courtlistener.com/recap/gov.us...
August 2, 2024 at 2:41 AM
an atextual and ahistorical conclusion to overturn its own en banc precedent
Reposted by the lawless fifth circuit
Wow - don't often see a comment like this in a SCOTUS footnote:
"The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous."
"The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous."
The first, but not last, decision is in Murthy v. Missouri. Barrett has the 6-3 decision, reversing the 5th Circuit and holding that the plaintiffs lack standing in the case against Biden admin's social media outreach. Alito dissents, w Thomas & Gorsuch. www.supremecourt.gov/opinions/23p...
www.supremecourt.gov
June 26, 2024 at 6:01 PM
Wow - don't often see a comment like this in a SCOTUS footnote:
"The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous."
"The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous."
Reposted by the lawless fifth circuit
5th Circuit judges finding out Chevron's been overturned
June 28, 2024 at 3:07 PM
5th Circuit judges finding out Chevron's been overturned
Reposted by the lawless fifth circuit
The Fifth Circuit is so far off the rails that a conservative Trump appointee district court judge had to draw them a chart to explain.
Read Law Dork to get the story on Judge Mark Pittman's Friday ruling that you might have missed in other reports: www.lawdork.com/p/trump-appo...
Read Law Dork to get the story on Judge Mark Pittman's Friday ruling that you might have missed in other reports: www.lawdork.com/p/trump-appo...
May 12, 2024 at 7:15 PM
The Fifth Circuit is so far off the rails that a conservative Trump appointee district court judge had to draw them a chart to explain.
Read Law Dork to get the story on Judge Mark Pittman's Friday ruling that you might have missed in other reports: www.lawdork.com/p/trump-appo...
Read Law Dork to get the story on Judge Mark Pittman's Friday ruling that you might have missed in other reports: www.lawdork.com/p/trump-appo...
Reposted by the lawless fifth circuit
That said, no one should interpret today's CFPB decision as proof that the Supreme Court is "moderating" or "compromising" or "shifting to the center." Not at all.
The decision is evidence of how totally lawless the 5th Circuit has become—because this case shouldn't even exist!
The decision is evidence of how totally lawless the 5th Circuit has become—because this case shouldn't even exist!
May 16, 2024 at 2:25 PM
That said, no one should interpret today's CFPB decision as proof that the Supreme Court is "moderating" or "compromising" or "shifting to the center." Not at all.
The decision is evidence of how totally lawless the 5th Circuit has become—because this case shouldn't even exist!
The decision is evidence of how totally lawless the 5th Circuit has become—because this case shouldn't even exist!
When you’ve lost Clarance Thomas…
Today's decision is a HUGE victory for the CFPB and a major defeat not only for the corporate lobby, but for the 5th Circuit, which embraced a theory so radically anti-historical and atextual that JUSTICE THOMAS wrote the opinion emphatically reversing it.
May 16, 2024 at 4:06 PM
When you’ve lost Clarance Thomas…
Even its own district courts think the Fifth Circuit is lawless.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
May 11, 2024 at 1:26 AM
Even its own district courts think the Fifth Circuit is lawless.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by the lawless fifth circuit
Lol. The Fifth Circuit is now striking CFPB filings pointing out that Fifth Circuit rulings are nonsensical and premised on factual impossibilities. 1: Today / 2 & 3: Yesterday from CFPB. / 4: Tuesday, Fifth Circuit.
May 2, 2024 at 9:22 PM
Lol. The Fifth Circuit is now striking CFPB filings pointing out that Fifth Circuit rulings are nonsensical and premised on factual impossibilities. 1: Today / 2 & 3: Yesterday from CFPB. / 4: Tuesday, Fifth Circuit.
Reposted by the lawless fifth circuit
The Fifth Circuit is made up of just a craven, unapologetic collection of backpfeifengesichts*.
(* Look it up. germanyinusa.com/2019/02/22/w...)
(* Look it up. germanyinusa.com/2019/02/22/w...)
Federal judges strike down La. congressional map with second Black-majority district
The panel ruled Tuesday that a newly redrawn congressional map, which added a second majority Black district, violated the Equal Protection Clause and blocked the state from using the map in upcoming ...
www.washingtonpost.com
May 1, 2024 at 12:10 AM
The Fifth Circuit is made up of just a craven, unapologetic collection of backpfeifengesichts*.
(* Look it up. germanyinusa.com/2019/02/22/w...)
(* Look it up. germanyinusa.com/2019/02/22/w...)
Reposted by the lawless fifth circuit
Don’t miss my big piece at @lawdorknews.bsky.social today on the latest shenanigans out of the Fifth Circuit — and how their effects are being felt from California to DC.
Read and subscribe now —>
Read and subscribe now —>
The Fifth Circuit's lawlessness is now spreading from California to D.C.
Two federal judges in Texas recently granted motions to transfer cases to other courts. Then the Fifth Circuit got involved. Now, it's a nationwide mess.
www.lawdork.com
April 7, 2024 at 11:02 PM
Don’t miss my big piece at @lawdorknews.bsky.social today on the latest shenanigans out of the Fifth Circuit — and how their effects are being felt from California to DC.
Read and subscribe now —>
Read and subscribe now —>
Reposted by the lawless fifth circuit
Literally, this is the 5th Circuit deeming a preliminary injunction denied because the motion wasn't ruled on within 11 days of the assigned judge receiving the case.
With all due respect to Judge Willett, this comes off the rails is the bit where the 5th decides it had jurisdiction over an interlocutory appeal that stripped the trial court of jurisdiction to transfer because the trial court "effectively denied" the PI motion by not ruling fast enough.
This appellate procedure scenario is a bit mindbending. A district court in NDTX transfers a case to DC. The 5th Circuit decides NDTX had no power to make the transfer, and instructs DC to ignore it. Is DC bound to follow the 5th Circuit’s jurisdictional ruling? s3.documentcloud.org/documents/24...
April 6, 2024 at 2:35 AM
Literally, this is the 5th Circuit deeming a preliminary injunction denied because the motion wasn't ruled on within 11 days of the assigned judge receiving the case.
The 5th Circuit imposes a nationwide bar on debt relief for students who were defrauded or otherwise scammed by their colleges
www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.gov/opinions/pub...
April 5, 2024 at 1:39 PM
The 5th Circuit imposes a nationwide bar on debt relief for students who were defrauded or otherwise scammed by their colleges
www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.gov/opinions/pub...
The 5th Circuit has ordered NLRB attorneys to answer a series of unhinged questions about the procedural steps they took to try to transfer the SpaceX case to more an appropriate venue.
s3.documentcloud.org/documents/24...
s3.documentcloud.org/documents/24...
April 3, 2024 at 4:31 PM
The 5th Circuit has ordered NLRB attorneys to answer a series of unhinged questions about the procedural steps they took to try to transfer the SpaceX case to more an appropriate venue.
s3.documentcloud.org/documents/24...
s3.documentcloud.org/documents/24...
Reposted by the lawless fifth circuit
When I want the law changed /
On a Texas Monday morning /
How I long to be there /
With Kacsmaryk who's waitin' for me there /
Every island nation /
Where I store my cash /
Ain't half as pretty /
As where my judge is at
Is this the way to Amarillo?
www.reuters.com/business/fin...
On a Texas Monday morning /
How I long to be there /
With Kacsmaryk who's waitin' for me there /
Every island nation /
Where I store my cash /
Ain't half as pretty /
As where my judge is at
Is this the way to Amarillo?
www.reuters.com/business/fin...
Texas federal judge blocks updated fair lending rules
A federal judge in Texas on Friday blocked enforcement of new regulations adopted during the Biden administration that sought to overhaul how lenders extend loans and other services to low- and moderate-income Americans.
www.reuters.com
March 30, 2024 at 2:17 PM
When I want the law changed /
On a Texas Monday morning /
How I long to be there /
With Kacsmaryk who's waitin' for me there /
Every island nation /
Where I store my cash /
Ain't half as pretty /
As where my judge is at
Is this the way to Amarillo?
www.reuters.com/business/fin...
On a Texas Monday morning /
How I long to be there /
With Kacsmaryk who's waitin' for me there /
Every island nation /
Where I store my cash /
Ain't half as pretty /
As where my judge is at
Is this the way to Amarillo?
www.reuters.com/business/fin...
Cf. “Venue is not a continental breakfast; you cannot pick and choose on a Plaintiffs' whim where and how a lawsuit is filed.” -N.D.Tex. (Pittman) on judge shopping, literally 2 days ago
March 30, 2024 at 7:44 PM
Cf. “Venue is not a continental breakfast; you cannot pick and choose on a Plaintiffs' whim where and how a lawsuit is filed.” -N.D.Tex. (Pittman) on judge shopping, literally 2 days ago
Reposted by the lawless fifth circuit
New: A federal court in Texas that has become a favored destination for conservatives suing to block Biden's agenda has decided not to implement a policy adopted by the judiciary's top policymaking body that aims to curb "judge shopping."
Texas federal court will not adopt policy against 'judge shopping'
A federal court in Texas that has become a favored destination for conservatives suing to block President Joe Biden's agenda has decided not to follow a policy adopted by the judiciary's top policymaking body that aims to curtail the practice of "judge shopping."
www.reuters.com
March 30, 2024 at 6:42 PM
New: A federal court in Texas that has become a favored destination for conservatives suing to block Biden's agenda has decided not to implement a policy adopted by the judiciary's top policymaking body that aims to curb "judge shopping."