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#fifthcircuit

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The #fascist #FifthCircuit has issued yet another terrible decision: they say books in public libraries are "government speech," and the government can ban books from libraries on a whim, with no constitutional scrutiny and no recourse for the public.
The current Supreme Court obviously isn't going to overrule this decision.
This is nothing less than outright government #censorship and #authoritarianism.
There's no recovering from this any time soon.
#politics #USPol
action.everylibrary.org/govern

EveryLibrary ActionThe Government Can Now Ban Books It Dislikes.This court ruling should terrify you.
Fortgeführter Thread

When Judge Hendrix did not grant their request quickly — & later rejected it entirely — the #ACLU lawyers filed a similar request to the US Court of Appeals for the #FifthCircuit in New Orleans.

The lawyers then filed an emergency petition to #SCOTUS, asking the justices to step in & issue an immediate pause on any #deportations because many of the #Venezuelan men had “already been loaded on to buses, presumably headed to the airport.”

#law#Trump#immigration

Biden admin's push for #SCOTUS to avoid climate cases, the #FifthCircuit striking Nasdaq's board diversity rules, and the DOJ's stance on TikTok's potential ban.

Also, this day in legal history - Joseph H. Rainey was sworn in as the first Black member of the U.S. House of Representatives.

#thisdayinlegalhistory #lawfedi

minimumcomp.com/p/legal-news-f

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"
theregister.com/2024/11/18/app

The Register · Judges not impressed by Amazon, SpaceX's attempt to have NLRB declared unconstitutionalVon Brandon Vigliarolo
Fortgeführter Thread

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.

Fortgeführter Thread

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.

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.
eff.org/deeplinks/2024/08/fede

Fortgeführter Thread

“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/

Fortgeführter Thread

"Texas has become a pipeline for right-wing legal decisions. Deanda v. Becerra is just the latest case engineered by conservative backers and run through a court system stacked with sympathetic judges willing to legislate from the bench to impose their bigoted interpretation of Christianity on the country.

Unfortunately, with Trump-appointed judges presiding at every level of the judiciary, this machine may just be getting warmed up."

#Texas #contraception #FifthCircuit
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Fortgeführter Thread

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.

static01.nyt.com/newsgraphics/

Fortgeführter Thread

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.

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.

nytimes.com/live/2024/03/19/us

Fortgeführter Thread

#HB1181 also required #porn sites to display a controversial “health warning,” which the #law’s opponents called “pseudoscientific.” They included language like: “#TEXAS HEALTH & HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, & child pornography.”

While the #FifthCircuit upheld the age verification portion of the #law, it struck down the health warning req, ruling that it “unconstitutionally compelled plaintiffs’ speech.”