5th Circuit Court

528 ABA Journal 5th Circuit Court articles.

Trial on fetal burial law begins with judge’s defense of his motives
A trial on the constitutionality of a Texas fetal remains burial law began Monday with a federal judge proclaiming that he has “no predisposition” in the case.
5th Circuit criticizes federal judge for alleged sexist remark about simpler times
A federal appeals court has reinstated an indictment and directed the case be assigned to a new federal judge following the initial judge's alleged remarks about the female prosecutor in the case.
He pocketed his victims’ organs — was his death penalty trial fair?

Warning: This story contains graphic content that could be disturbing to some readers.

It’s been 13 years since a floridly psychotic black man named Andre Thomas was sentenced to die.…

Solo who sought reversal based on ‘extreme judicial activism’ faces total sanctions of $235K
A solo practitioner who was sanctioned nearly $176,000 for making false statements about opposing counsel has been hit with an additional sanction for filing a federal appeal that argued the lower court had engaged in “extreme judicial activism.”
5th Circuit blasts lawyer who sent thank-you checks to experts, yet told jurors they were unpaid
A federal appeals court has overturned a $151 million award against a hip implant manufacturer because of “serious evidentiary errors” by the judge and “deceptions” by Mark Lanier, a high-profile Houston lawyer for the plaintiffs.
Was Brown v. Board of Education correctly decided? These judicial nominees won’t answer

For around 60 years, conservative and liberal judicial nominees praised the school desegregation decision Brown v. Board of Education as a groundbreaking statement of equality by the U.S. Supreme Court.

Political lawsuits bring the Administrative Procedure Act to the forefront
The Administrative Procedure Act, a little-noticed federal law regarding how government agencies may enact rules, is gaining currency because of its use in lawsuits against the Trump administration, NBC News reports.
5th Circuit says cash bail system in Texas county is unconstitutional

A federal appeals court has ruled that the cash bail system in Harris County, Texas, violates the due-process and equal-protection rights of poor defendants.

The New Orleans-based 5th U.S. Circuit…

Trump nominates 9 to federal court vacancies

Updated: Nine more nominees for federal judgeships were announced Tuesday by the White House.

The newest wave of nominees are:

• Mark Bennett, former attorney general of Hawaii, to…

2 judicial nominees rated as ‘not qualified’ among group of 17 to advance to the Senate

The Senate Judiciary Committee on Thursday advanced to the Senate 17 judicial nominees—including two who received “not qualified” ratings from the ABA’s Standing Committee on the Federal Judiciary.


Supreme Court declines to review controversial Mississippi anti-LGBT law

The U.S. Supreme Court will not review a Mississippi law permitting businesses, county clerks and state judges to deny services to LGBT people on religious freedom grounds, the National…

Is prolific tweeting Texas justice’s social media farewell a thank you for 5th Circuit nomination?

Texas Supreme Court Justice Don Willett has more than 100,000 Twitter followers on Twitter, but they haven’t seen anything new on the social media platform from the justice since…

Temporary restraining order puts suspension of Cowboys’ Elliott on hold again

A federal court on Tuesday granted a temporary restraining order (PDF) that again blocks a six-game suspension imposed against Dallas Cowboys running back Ezekiel Elliott by the National…

5th Circuit vacates injunction blocking suspension of Cowboys’ Elliott

An appeals court on Thursday vacated an injunction blocking Dallas Cowboys star Ezekiel Elliott’s six-game suspension imposed by the NFL over domestic violence allegations be vacated and remanded the case…

Prolific tweeting Texas justice is among 4 nominees for the 5th Circuit

A prolific tweeting Texas Supreme Court justice who appeared on President Donald Trump’s Supreme Court shortlist is among four new nominees to the New Orleans-based 5th U.S. Circuit Court…

Read more ...

Your Voice

Articles and commentary ...


More podcasts ...

Digital Dangers logo with thumbprint lock.
Cybersecurity and the law

A guide for legal practitioners ...

Defending Justice shield logo.
Essays on judicial independence

Online series ...