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Latest Fifth Circuit Stories

5th Circuit declines to rule on Trump's claimed Alien Enemies Act powers despite SCOTUS prodding — but James Ho still had some thoughts

Colin KalmbacherAug 14th
'Already, our court answers': 5th Circuit couldn't wait to act after Justice Thomas' solo stance on revisiting gun law's constitutionality, judge says

Matt NahamJul 20th
'It is about power': 5th Circuit allows dismissal of school desegregation case originally filed in 1965

Colin KalmbacherJul 16th
'Failed to comply': ICE must release immigrant who recently gave birth after ignoring its own rules on detaining pregnant and postpartum women

Colin KalmbacherJul 8th
'The Constitution, after all, is supreme': 5th Circuit effectively reverses itself in major blow to Trump administration's indefinite detention policy

Colin KalmbacherJul 3rd
'Dictated by the plain text': 2nd Circuit rules against ICE's indefinite detention policy, compares certain immigrants to baseball fans in Yankee Stadium without a ticket

Colin KalmbacherApr 28th
Judge calls out Trump admin for 'violent criminal' rhetoric in ruling granting student's release from detention, skirts 5th Circuit ruling allowing ICE to indefinitely detain immigrants

Colin KalmbacherFeb 28th
'Judicial myopia': 5th Circuit reverses district court and allows Texas to criminalize 'ballot harvesting'

Colin KalmbacherFeb 12th
'The government's position is correct': 5th Circuit rules in favor of ICE's indefinite detention policy, says detained immigrants are like people seeking admission to college

Colin KalmbacherFeb 7th
'Not a decision for judges': Trump's reliance on 'intelligence' makes Alien Enemies Act proclamation unquestionable, two dozen AGs tell court ahead of major rehearing

Matt NahamDec 16th
'Cried out for our review': Alito, Thomas dress down 5th Circuit for 'serious errors' and 'backwards' take on 'illegal' prison-building order

Matt NahamNov 17th
'We are where we are': Trump-appointed judge spars with George W. Bush-appointed judge in Alien Enemies Act concurrence and dissent

Colin KalmbacherOct 1st
'Cannot involve second-guessing': DOJ pleads with conservative appeals court to rule that judges can't question Trump's 'factfinding' after Alien Enemies Act loss

Matt NahamSep 22nd
'Exercise its inherent docket-management power': Trump doesn't want 5th Circuit sharing Alien Enemies Act case with other appellate courts

Colin KalmbacherJul 17th
'I'm having a hard time drawing the line': Appellate judges sharply question whether courts can really 'second-guess' Trump on Alien Enemies Act

Matt NahamJun 30th
'Voluntary dismissal': Trump gets big win after 5th Circuit pauses disclosure orders in Alien Enemies Act case

Colin KalmbacherMay 24th