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☆ Read the Court’s Decision to Uphold Access to Abortion Pill
▼ + stars: | 2024-06-13 | by ( ) www.nytimes.com time to read: +3 min

Held: Plaintiffs lack Article III standing to challenge FDA's actions regarding the regulation of mifepristone. (a) Article III standing is a “bedrock constitutional requirement that this Court has applied to all manner of important disputes." Causation requires the plaintiff to establish that the plaintiff's injury likely was caused or likely will be caused by the defendant's conduct. Because plaintiffs do not prescribe or use mifepristone, plaintiffs are unregulated parties who seek to challenge FDA's regulation of others. Plaintiffs advance several complicated causation theories to connect FDA's actions to the plaintiffs' alleged injuries in fact.

Persons: “, Allen, Wright, Ramirez, Summers, Lujan Organizations: Fifth Circuit, FDA, Earth Island Institute, of Wildlife Locations: States, . Texas

☆ Court Strikes Down S.E.C.’s Fee Disclosure Rule for Funds
▼ + stars: | 2024-06-05 | by ( Matthew Goldstein | More About Matthew Goldstein | ) www.nytimes.com time to read: +1 min

A federal appellate court on Wednesday struck down a Securities and Exchange Commission rule intended to provide investors in hedge funds, private equity funds and venture capital firms with more information about fees and expenses. The unanimous decision from the U.S. Court of Appeals for the Fifth Circuit in New Orleans sided with a group of associations representing the private fund industry in ruling that the S.E.C. exceeded its authority with the rule, which was enacted in August. In its decision, the appeals court agreed with their argument, saying that the regulator had overstepped with its rule, which was based on a law meant to protect everyday investors, who typically invest in mutual funds and other public securities, rather than investors in hedge fund and private equity firms. said in a statement that it was reviewing the decision and would “ determine next steps as appropriate.”

Organizations: Securities and Exchange Commission, U.S ., Appeals, Fifth Circuit Locations: New Orleans

☆ The incredible oblivion of Judge Marvin Isgur
▼ + stars: | 2024-06-03 | by ( Dakin Campbell | ) www.businessinsider.com time to read: +45 min

On a mild Houston day in March 2021, Judge Marvin Isgur prepared to oversee the only case on his docket that morning. In October 2023, the Fifth Circuit Court rebuked Judge David Jones but said that his longtime colleague, Judge Marvin Isgur, had been "unaware" of Jones' inappropriate relationship. "But only Judge Isgur knows what he knew or didn't know about the relationship." Much of this work was in cases before either Judge Isgur or Judge Jones. Isgur can continue to hear the case, he ruled, writing in the December 2023 opinion that lawyers for the creditor "failed to demonstrate much other than that former Judge Jones and Judge Isgur are close friends."

Persons: Marvin Isgur, David Jones, Jones, Elizabeth Freeman, Jackson Walker, Isgur, Michael Van Deelen, he'd, Freeman, Matthew Cavenaugh, Cavenaugh, Michael Van Deelen Van, Judge Jones, who'd, Steve Smith, Smith, Michael Lewis, Van Deelen, I'm, Van Deelen's, Tom Kirkendall, Gary Cruciani, Judge David Jones, Nancy Rapoport, University of Nevada Las Vegas William S, Kirkendall, " Jones, Trump, she's, Sarah, Porter Hedges, —, — Elizabeth Freeman, John Higgins, Whitney Ables, Josh Wolfshohl, Amy Lucas, Porter, Wesley Steen, Fifth Circuit —, that's, Liz, Bruce Markell, it's, Judge William Greendyke, Lynn LoPucki's, Patricia Tomasco, Christopher Lopez, Manges, Greendyke, Albert Alonzo, Alonzo, Jones Isgur, Susan Tran Adams, Matt Cavenaugh, Veronica Polnick, Genevieve Graham, cookout, Graham, Tran, Christina Morrison, David, I, Neiman Marcus, J.C, Penney, Freeman hadn't, hadn't, Jim Wilkinson, Ellis, Kirkland, Ellis —, Veronica Polnick —, Polnick —, Elizabeth, COVID, Jackson, Kirkland Ellis, they'd, — Greendyke, Wilkinson, Judge Isgur, Mike Warner, Eduardo Rodriguez, Rodriguez, Isgur's, Judge Lopez —, Lopez, Alfredo Perez, Weil, Perez, Richard Schmidt, Jack Newsham Organizations: Business, Southern District of, McDermott International, Southern, Houston, Fifth Circuit, Appeals, Department of Justice, Fifth, University of Nevada, Boyd School of Law, Circuit, University of Houston, American Bankruptcy Institute, Emory Law School, Emory, Facebook, Big Law, Reuters, Bloomberg, Northwestern's Pritzker School of Law, Enron, LinkedIn, Southern District of Texas, Judicial Conference, Texas, Chesapeake Energy, Big, Kirkland, Cavenaugh, UPS, Technologies, Candy Club, Omni, Norton Rose, GWG Holdings Inc, Brands, Southern District's, Southern District, US, Former Locations: Texas, Southern District, Southern District of Texas, Houston, New Orleans, United States, University of Nevada Las Vegas, Kirkendall, Galveston, Carolina, Porter, Harris, Nevada, Southern District of Texas , Delaware, New York, Delaware, Weil, Southern, disgorge, Sorrento, Corpus Christi, prefacing

☆ Opinion | Can the Supreme Court’s Liberals Reclaim Judicial Restraint?
▼ + stars: | 2024-05-29 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

The Supreme Court’s recent rescue of an important federal agency from the hands of a hostile lower court was an exercise in the evolving definition of originalism. A mechanism that the United States Court of Appeals for the Fifth Circuit deemed unconstitutional was clearly known to and accepted by the Constitution’s framers, Justice Thomas concluded. Justice Elena Kagan wrote a concurring opinion to say that while the old history was enlightening and adequate to support the agency’s constitutionality, modern practice supported it as well. “All the flexibility and diversity evident in the founding period,” she wrote, has “continued unabated” when it comes to financing government operations. Notably, two of the court’s conservatives, Justices Brett Kavanaugh and Amy Coney Barrett, in addition to Justice Sonia Sotomayor, joined Justice Kagan’s endorsement of the significance of later, even contemporary, practice when interpreting the Constitution.

Persons: Clarence Thomas, Thomas, Elena Kagan, ”, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Kagan’s, Samuel Alito, Neil Gorsuch Organizations: Consumer Financial, United States, Appeals, Fifth Circuit

☆ Opinion: Credibility is the key at Trump trial
▼ + stars: | 2024-05-19 | by ( Richard Galant | ) edition.cnn.com time to read: +21 min

The idea that Cohen talked to Trump about Daniels on that call “was a lie,” Blanche alleged. Moreover, my experience has been that juries don’t decide based upon one moment — they base their judgment on an overall view.”There were allegedly three parties aware of the scheme to conceal the real reason Trump paid Cohen more than $400,000 in supposed legal fees: Trump, Cohen and Allen Weisselberg, then-chief financial officer of the Trump Organization. “Weisselberg could be the linchpin to validate Cohen’s claims about Trump agreeing to reimburse him through Trump Organization, as a business expense,” wrote attorney Stacy Schneider. Trump seems to be tempted to go mano a mano and show that he is better fit to be commander-in-chief. The new requirement for GOP politicians wanting to demonstrate their loyalty to Trump seems to be visiting the Manhattan courthouse where he’s on trial.

Persons: CNN —, ” Mark Twain, “, Twain, ” Michael Cohen, Donald Trump, —, Trump, Stormy Daniels, Todd Blanche, Cohen, Norm Eisen, Blanche, ”, pummeled Cohen, Robert Mueller, Nick Anderson, Agency Cohen, Keith Schiller, Daniels, ” Blanche, ” Eisen, don’t, Allen Weisselberg, Stacy Schneider, Weisselberg, David Zurawik, “ I’ve, Sen, Robert Menendez, He’s, George Santos ., CNN “ It’s, he’s, ‘, Henry Cuellar, ” Cupp, Drew Sheneman, Georgia —, Vladimir Putin’s, Frida Ghitis, ” Ghitis, Joe Biden’s, ” Dana Summers, “ Biden, ” Julian Zelizer, mano, Biden, ” Bill Bramhall, Stephanie Griffith, Howard Tucker, Gayle Fleming, Michael Ventura Gayle Fleming, Biden —, ” Tom Brady’s, Kara Alaimo, Tom Brady “, Kevin Hart, Gisele Bündchen, Brady, Benjamin, Vivian, ’ Brady, ’, Alaimo, Brady didn’t, Nafees Syed, Kamel El Hilali, Andrew Borene, freakout Scott Stantis, Jeff Yang, … ” Brown, Keith Magee, Brown, backpedaling, Forget, Doug Burgum, Scott Jennings, Burgum’s, Bill Bramhall, Content Agency Clarence Thomas Washington, Clarence Thomas ’, Dean Obeidallah, Thomas, Harlan Crow, ” Clay Jones, John Oliver’s, Steve Vladeck, “ Thomas, ” Don’t, Clayton Swope, Dan Perry, Netanyahu, Jill Filipovic, Miss Teen USA Mary Ziegler, Bob Kolasky, Megan L, Ranney, Karen Tang, Halle Berry, Naomi Watts, Jonathan Yeo, King Charles III, Aaron Chown, Holly Thomas, King Organizations: CNN, Trump, Tribune, Agency, Trump Organization, Twitter, Facebook, DC, Robert Menendez of New, GOP, ” Texas, White, Europe, Russia, Kyiv, Biden, ABC, Democratic Party, Netflix, Garden State, Content Agency, Capitol, Consumer Financial, Board, Fifth Circuit, ICC, Miss USA, Miss Teen USA, Buckingham Palace, Royal Locations: New York, Robert Menendez of, Robert Menendez of New Jersey, Russian, Ukraine, Slovakia, Georgia, Soviet Republic, United States, Cleveland, “, Manhattan, North, . North Dakota, ” That’s, Louisiana , Mississippi, Texas, Florida’s, Buckingham

☆ Airlines sue DOT over new rules requiring disclosure of fees
▼ + stars: | 2024-05-13 | by ( Pete Muntean | ) edition.cnn.com time to read: +1 min

CNN —Major airlines have filed a lawsuit against the federal government over new rules that would require carriers to disclose all airline fees — including those for checked and carry-on bags as well as change and cancelation fees — up front. The suit was filed Friday in the U.S. Fifth Circuit Court by carriers Alaska, American, Delta, Hawaiian, JetBlue, and United along with industry lobby Airlines For America. It alleges the Department of Transportation exceeded its authority in announcing the new rule, calling it an “arbitrary, capricious” change. “The ancillary fee rule by the Department of Transportation will greatly confuse consumers who will be inundated with information that will only serve to complicate the buying process,” lobby Airlines For America said in a statement. “DOT’s attempt to regulate private business operations in a thriving marketplace is beyond its authority.”The A4A statement adds: “The DOT ancillary rule is a bad solution in search of a problem.”DOT did not immediately respond to a request for comment.

Persons: Pete Buttigieg, “ Organizations: CNN, Fifth, JetBlue, Airlines, America, Department of Transportation, Transportation, Department Locations: U.S, Alaska, American, Delta, United

☆ Airlines ask court to block Biden administration's new fee disclosure rule
▼ + stars: | 2024-05-13 | by ( Ece Yildirim | In Ecedyildirim | ) www.cnbc.com time to read: +1 min

Aerial view of United Airlines passenger planes docked in a terminal of Newark Airport in Newark, New Jersey, on May 11, 2024. Major airlines and an industry trade association asked a federal appeals court to toss out a new Department of Transportation rule requiring earlier disclosure of add-on fees during flight booking. The Biden administration introduced the airline fee disclosure rule in September 2022. Airlines for America said in a statement to CNBC on Monday that the rule will "confuse consumers" and "complicate the buying process." "Airlines already provide consumers with complete disclosure of all fees associated with air travel before they purchase a ticket," the group said in the statement.

Persons: Biden, Joe Biden Organizations: United Airlines, Newark Airport, of Transportation, Airlines for America, JetBlue, United, —, Fifth, Airlines, America, CNBC Locations: Newark, Newark , New Jersey, Alaska, American, Delta, U.S

☆ His Dreadlocks Shaved by Prison Guards, Rastafarian Man Turns to Supreme Court
▼ + stars: | 2024-05-13 | by ( Adam Liptak | ) www.nytimes.com time to read: +1 min

Damon Landor is a Rastafarian. When he started a five-month prison term for drug possession in Louisiana, his dreadlocks fell nearly to his knees. Mr. Landor was wary of the state’s prison system, and he kept a copy of a 2017 judicial decision with him. He presented a copy of the 2017 decision to a guard, who threw it in the trash. After consulting the warden, two guards handcuffed Mr. Landor to a chair, held him down and shaved his head to the scalp.

Persons: Damon Landor, Landor, Raymond Laborde, Mr Organizations: U.S ., Appeals, Fifth Circuit, Raymond Laborde Correctional Locations: Louisiana, Cottonport, La

☆ Columbia University protests: Trump-appointed judges say they’ll boycott Columbia grads over university’s handling of student dissent
▼ + stars: | 2024-05-07 | by ( Gloria Pazmino | ) edition.cnn.com time to read: +3 min

New York CNN —A group of 13 conservative US federal judges are vowing to not hire Columbia University law students or undergraduates because of how the school has handled pro-Palestinian demonstrations on its campus in recent weeks. “As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. CNN has reached out to Columbia University for comment. They typically hire law school graduates for clerkships that can eventually lead to high-paying and prestigious jobs. If not, employers are forced to assume the risk that anyone they hire from Columbia may be one of these disruptive and hateful students,” the judges wrote.

Persons: Minouche Shafik, Gillian Lester, Judge James C, Elizabeth L, Matthew H, Solomson, Donald Trump, Matthew Kacsmaryk Organizations: New, New York CNN, Columbia, . ” Columbia University, New York Police Department, Police, CNN, U.S ., Appeals, Fifth Circuit, Eleventh Circuit, U.S . Court, Federal, Columbia University, Northern District of, Hamilton Hall Locations: New York, Manhattan, Gaza, Columbia, Texas, Northern District, Northern District of Texas, Amarillo

☆ Supreme Court rejected military chaplains' lawsuit saying their careers were ruined after refusing the COVID-19 vaccine
▼ + stars: | 2024-05-01 | by ( Patricia Kime | ) www.businessinsider.com time to read: +5 min

The Supreme Court denied military chaplains' lawsuit claiming retaliation for refusing the COVID-19 vaccine. The appellate court ruled that the Defense Department's decision in January 2023 to rescind the vaccine mandate rendered the chaplains' case moot. The Defense Department was later ordered to pay $1.8 million in legal fees as settlement for two lawsuits over the mandate. An aeromedical technician fills a syringe with the COVID-19 vaccine at the Pittsburgh International Airport Air Reserve Station in Pennsylvania. US Air Force photo by Joshua J. SeybertThe Defense Department began requiring service members to get the COVID-19 vaccine in August 2021.

Persons: —, recrimination, Mauricio Campino, Israel Alvarado, Joshua J, Johnson Organizations: Defense Department, Service, Appeals, Fourth Circuit, Defense, Airmen, Dover Air Force Base, US Air Force, Austin, Pentagon, Navy, Fifth Circuit, US, The Defense Department, Pittsburgh International Airport Air Reserve, Moderna, Pfizer, Johnson, Air Force, Space Force Locations: Delaware, Israel Alvarado et, Pennsylvania, COVID, China

☆ Election Updates: Trump campaigns in battleground states for the first time since his trial began.
▼ + stars: | 2024-05-01 | by ( Chris Cameron | ) www.nytimes.com time to read: +6 min

The Louisiana secretary of state has ordered that the congressional map be finalized by May 15. Even so, they said, it was evident that creating a second district with a majority of Black voters was lawmakers’ overarching objective. But in the map drawn by the Republican-controlled Legislature, only one of the six congressional districts had a majority Black population. The ruling reaffirmed the Voting Rights Act of 1965, which had been diminished over the years by the court’s conservative majority. Critics of Tuesday’s ruling argued that the repercussions in Louisiana could extend beyond a single election, or even partisan divisions.

Persons: ”, Critics, Eric H, Holder Jr, Liz Murrill, “ I’ve, ’, David C, Joseph, Robert R, “, Carl E, Stewart, —, Tuesday’s, Ashley Shelton, Ms, Shelton Organizations: Black, U.S . Constitution, National Democratic, Republican, U.S, Supreme, . Constitution, State Legislature, Lawmakers, U.S ., Appeals, Fifth Circuit, American, Western, Western District of, Louisiana Legislature, voters, Power Coalition for Equity, Justice Locations: Louisiana, U.S ., ., Baton Rouge, Shreveport, Western District, Western District of Louisiana, Black, U.S

☆ Opinion: Conservatives game the system to drag Supreme Court further into culture war
▼ + stars: | 2024-04-01 | by ( Steve Vladeck | ) edition.cnn.com time to read: +8 min

He is the author of the “One First” Supreme Court newsletter. Both cases were filed in federal district courts in which the plaintiffs could literally hand-pick the specific federal judge who would be assigned to hear the dispute. Indeed, the Supreme Court granted emergency relief in both the social media and mifepristone cases. But the Supreme Court is another matter. For once, the Supreme Court is the victim of right-wing litigation behavior, not the culprit.

Persons: Steve Vladeck, Stephen I, Biden, they’ve, Terry Doughty, Donald Trump, Matthew Kacsmaryk, Trump, —, Neil Gorsuch, Gorsuch Organizations: CNN, University of Texas School of Law, Monroe Division, Court, Western, Western District of, Amarillo Division, Northern, Northern District of, Appeals, Fifth, Fifth Circuit, Democratic, Ninth Circuit, Consumer Financial Protection Bureau, Securities, Exchange, Conference, United, Northern District of Texas, Judicial, Federal, FDA Locations: Murthy v . Missouri, Monroe, Western District, Western District of Louisiana, Amarillo, Northern District, Northern District of Texas, Orleans, Texas, Austin, West Coast, United States

☆ Appeals Court Rules Against Texas in Clash Over Migrant Arrest Law
▼ + stars: | 2024-03-27 | by ( J. David Goodman | More About J. David Goodman | ) www.nytimes.com time to read: +1 min

A federal appeals court late Tuesday ruled against Texas in its bitter clash with the federal government, deciding that a law allowing the state to arrest and deport migrants could not be implemented while the courts wrestled with the question of whether it is legal. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, which has a reputation for conservative rulings, sided in its 2-to-1 decision with lawyers for the Biden administration who have argued that the law violates the U.S. Constitution and decades of legal precedent. The panel’s majority opinion left in place an injunction imposed last month by a lower court in Austin, which found that the federal government was likely to succeed in its arguments against the law. Greg Abbott but not an unexpected one: The governor has said that he anticipated the fight over the law’s constitutionality to eventually reach the Supreme Court. Mr. Abbott has said the law, which allows the state to arrest and deport migrants on its own, is necessary to deal with the record number of migrants crossing into Texas from Mexico.

Persons: Biden, Greg Abbott, Abbott Organizations: Texas, U.S ., Appeals, Fifth Circuit, Gov Locations: Constitution, Austin, Texas, Mexico

☆ Live Updates: Supreme Court to Hear Arguments on Abortion Pill Access
▼ + stars: | 2024-03-26 | by ( Abbie Vansickle | Linda Qiu | ) www.nytimes.com time to read: +4 min

If the Supreme Court sides with the plaintiffs and decides to roll back or invalidate Food and Drug Administration regulations on mifepristone, it would be the first time the court undercut the federal agency’s authority. The abortion pill case before the Supreme Court could have implications far beyond abortion, potentially undermining the regulatory system for all medicines in the United States. If the Supreme Court sides with the plaintiffs and decides to roll back or invalidate F.D.A. They would have to pick up mifepristone in person from a doctor and would have to visit the doctor three times during the medication abortion process. and not to abortion providers, some medication abortion services have been stockpiling mifepristone and may continue prescribing and mailing their supply.

Persons: ”, Matthew J, mifepristone Organizations: Drug, Food and Drug Administration, Northern, Northern District of, Trump, U.S ., Appeals, Fifth Circuit Locations: United States, Northern District, Northern District of Texas

☆ Supreme Court medication abortion case threatens ‘seismic shift’ in FDA drug approval process, experts warn
▼ + stars: | 2024-03-26 | by ( Meg Tirrell | Tierney Sneed | ) edition.cnn.com time to read: +7 min

If the Supreme Court agrees with the appeals court, the approval of mifepristone could be reset to where it stood before 2016, limiting telehealth access to medication abortion and reimplementing other restrictions. “Nevertheless, drug developers invest in new medicines because, if their investments succeed, FDA’s rigorous drug approvals and subsequent regulatory actions are sturdy enough to facilitate reliable returns. “And without necessary investment, drug development would freeze, stifling innovation and limiting treatment options for patients.”Of course, if the Supreme Court upholds the appeals court decision, the most immediate impact would be to mifepristone itself. “It is both my hope and my ‘bet’ that the court doesn’t uphold the 5th Circuit on the standing argument,” Cohen wrote. “But I have learned the Supreme Court is hard to predict much of the time.”

Persons: thalidomide, mifepristone that’s, ”, Daniel Grossman, ” Grossman, ” PhRMA, Glenn Cohen, Dr, Sanjay Gupta, Cohen, ” Cohen Organizations: CNN, Food and Drug, Federal Food, FDA, US, University of California San, Reproductive, Guttmacher Institute, Circuit, Appeals, Pharmaceutical Research, Manufacturers of America, Harvard Law School, CNN Health Locations: Massengill, University of California San Francisco, Texas

☆ Opinion: Trump’s image is on the line
▼ + stars: | 2024-03-24 | by ( Richard Galant | ) edition.cnn.com time to read: +20 min

We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. … Deals are my art form.”Having a lot of money distinguished him from other presidential candidates, Trump contended. ‘I don’t need anybody’s money,’ Trump said in his June 2015 presidential campaign announcement.”“Now Trump needs money, a lot of it. In July 2006, she met Trump at a celebrity golf tournament and says that the two had sex that weekend. “Whatever the Fifth Circuit and Supreme Court decide next, the question for President Joe Biden is what to do now,” wrote Lawrence Downes.

Persons: Charles Dickens, “ David Copperfield, Micawber, ” Micawber, “, Dickens, Donald Trump, Letitia James, Trump, he’ll, ”, Tony Schwartz, I’ve, Frida Ghitis, ’ Trump, … Dana Summers, Joe Biden’s, Julian Zelizer, Biden’s, ” Bill Bramhall, Stormy Daniels, Peacock, Ana Marie Cox, Daniels, she’s, Peter Navarro, He’s, Mike Johnson, Kevin McCarthy, House Republicans —, Matt Gaetz ’, Marjorie Taylor Greene, Johnson, Clay Jones, Paul Sracic, Fareed Zakaria, Biden, Peter Bergen, Bashar al, Assad, ” Bergen, Vladimir Putin, Richard Aboulafia, ” David Horsey, Joann, Lynda Gorov, it’s, ” Kate Middleton’s, Princess, Wales, Sara Stewart, Kate, that’s, she’ll, Joe Biden, Lawrence Downes, “ Biden, Greg, Abbott, ’, ” Downes, Trump’s, Jared Kushner, Kushner, Donald Trump’s, Aseel Mousa, Drew Sheneman, Max Besbris, ” Besbris, Linda Thomas, Greenfield, Thomas, Eleanor Roosevelt, ‘, ” Don’t, Grace Elizabeth Hale, Elizabeth Yuko, Avi Weiss, Jennifer Jones, Jill Filipovic, Christine Blasey Ford Derrick Johnson, Peter Rutland, Holly Thomas, Lily Allen, Mary Ziegler, Lanhee Chen, Steve Garvey, Adam Schiff, Patricia Grisafi, Caitlin Clark Walt Handelsman, Caitlin Clark, Amy Bass, Kamilla Cardoso, UCLA’s Kiki Rice, ’ ” Clark, Bass, Pete ’ Maravich, Court, Serena Williams, Clark, Maravich …, — Organizations: CNN, New, Trump, Agency, Twitter, Save, Maga Inc, Biden, Content Agency Trump, House Republicans, Rep, Ohio GOP, Russia ISIS, ISIS, Boeing, Airbus, Crafts, Boys, BBC Studios, Circuit, Texas Gov, Abbott, of Justice, Texans, Harvard, National Association of Realtors, United Nations, “, University of Iowa, ESPN, Iowa Hawkeyes, NCAA Division Locations: Save America, New York, Baton Rouge , Louisiana, Ohio, Russia, Moscow, Iraq, Syria, Syrian, “, Iran, Afghanistan, ”, Ukrainian, Windsor, ” Texas, Texas, Gaza, Southern, Rafah, Egypt, Israel, Gaza City, Al, Grace Elizabeth Hale : Mississippi, ‘, California

☆ SCOTUS airs grievances about the media during oral arguments on social media censorship case
▼ + stars: | 2024-03-19 | by ( Hannah Getahun | ) www.businessinsider.com time to read: +5 min

During oral arguments, justices asked questions about what constitutes coercion and in what cases the government can intervene with suggestions for the conduct of social media companies — and also showed off some of their media knowledge. AdvertisementMurthy v. Missouri is one of several cases the high court will hear about social media and the First Amendment this year. However, Roberts agreed with the pair and pointed out that government agencies do not have a "monolithic" point of view on moderation of social media content. An injunction previously handed down by the Fifth Circuit of Appeals on the same case barred a wide-ranging group of government officials from contacting social media companies. However, it is unlikely that the Supreme Court will uphold it, Vox reported.

Persons: —, SCOTUS, Murthy, Moody, Paxton, Samuel Alito, Brett Kavanaugh, George W, Bush, Elena Kagan, Clinton, Kavanaugh, Justice Kavanaugh, I've, Kagan, John Roberts, Roberts, Ketanji Brown Jackson, Jackson, J, Benjamin Aguiñaga, Aguiñaga, Biden, Vox Organizations: Service, Business, Centers for Disease Control, Department of Homeland Security, Facebook, Washington Post, Fifth Circuit, Supreme, Department of Justice, Louisiana Attorney Locations: . Missouri, Missouri, Louisiana, Washington

☆ Live Updates: White House’s Efforts to Combat Misinformation Face Supreme Court Test
▼ + stars: | 2024-03-18 | by ( Adam Liptak | ) www.nytimes.com time to read: +4 min

PinnedThe Supreme Court will hear arguments at 10 a.m. on Monday on whether the Biden administration violated the First Amendment in combating what it said was misinformation on social media platforms. “This is an immensely important case that will determine the power of the government to pressure the social media platforms into suppressing speech,” he said. “Our hope is that the Supreme Court will clarify the constitutional line between coercion and persuasion. On Friday, the court set rules for when government officials can block users from their private social media accounts. had most likely crossed constitutional lines in their bid to persuade platforms to take down posts about what they had flagged as misinformation.

Persons: Biden, Alex Abdo, ”, Murthy, —, Elizabeth B, Prelogar Organizations: Columbia University, U.S ., Appeals, Fifth Circuit, White, Centers for Disease Control Locations: Florida, Texas, . Missouri, Missouri, Louisiana

☆ Court Temporarily Halts S.E.C.’s New Climate Rules
▼ + stars: | 2024-03-15 | by ( Hiroko Tabuchi | ) www.nytimes.com time to read: +1 min

A federal court on Friday temporarily halted new rules from the Securities Exchange Commission that require public companies to disclose more about the business risks they face from climate change, siding with two oil and gas companies that criticized the requirements as costly and arbitrary. this month, the rules require some publicly traded companies to disclose their climate risks, and how much greenhouse gas emissions they produce. Ten Republican-led states have also sued to stop the rules. to effectively regulate the controversial issue of climate change,” the two companies wrote in their petition. They were “arbitrary and capricious,” the two companies said, and violated the First Amendment, which protects free speech, by “effectively mandating discussions about climate change.”

Persons: “, ” Organizations: Securities Exchange Commission, Industry, U.S . Chamber of Commerce, U.S ., Appeals, Fifth Circuit, Republican, Fifth, Liberty Energy, Nomad Proppant Locations: U.S

Michael Cargill, owner of Central Texas Gun Works in Austin, opposes the ban on bump stock sales. “During the Trump administration, the bump stock ban cropped up as a rather glaring example of unlawful administrative power,” Philip Hamburger, a founder of the New Civil Liberties Alliance, said in an email. Image A bump stock attaches to a semiautomatic rifle and enables it to fire at a much higher rate. In response, the Justice Department promised to review the legality of bump stocks, but A.T.F. Eventually, the full court agreed with Mr. Cargill by vote of 13 to 3, split along ideological lines.

Persons: Michael Cargill, ”, Cargill, Trump, ” Philip Hamburger, Elizabeth B, Prelogar, George Frey, Cargill strolled, “, Mark Chenoweth, ” Mr, Chenoweth, Obama, ” “, Mr, Charles Koch, Jonathan F, Mitchell, Donald J, Stephen Paddock, Erin Schaff, Jennifer Walker Elrod Organizations: Central Texas Gun, Government, Army, New Civil Liberties Alliance, —, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Charles Koch Foundation, Koch Industries, Colorado Supreme, National Rifle Association, Justice Department, Congress, The New York Times Federal, U.S ., Appeals, Fifth Circuit, Mr, Gun Control Locations: Austin, Las Vegas, ”, “, Texas

Supporters of the state laws say they foster free speech, giving the public access to all points of view. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause. “Social media platforms exercise editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. To the surprise of many, some prominent liberal professors filed a brief urging the justices to uphold a key provision of the Texas law. In the second case, Miami Herald v. Tornillo, the Supreme Court in 1974 struck down a Florida law that would have allowed politicians a “right to reply” to newspaper articles critical of them.

Persons: Samuel A, Alito Jr, ”, Scott Wilkens, Ron DeSantis, John Tully, Donald J, Trump, Greg Abbott of, —, Ken Paxton, “, Andrew S, Oldham, Kevin C, Newsom, Lawrence Lessig, Tim Wu of, Teachout, Mandel Ngan, Richard L, “ Florida’s, Moody, Paxton, Robins, William H, Rehnquist, Pat L, Tornillo, Warren E, Burger Organizations: Facebook, YouTube, Columbia University, Big Tech, The New York Times, Gov, Republican, Computer & Communications Industry, New York Times, Fox News, U.S ., Appeals, Fifth Circuit, ISIS, Harvard, Tim Wu of Columbia, Zephyr, Fordham, Twitter, Manchester Union, Citizens United, Agence France, University of California, Miami Herald, Florida, Representatives, Constitution Locations: Florida, Texas, Greg Abbott of Texas, Ukraine, Los Angeles, Campbell , Calif

☆ Appeals court will rehear challenge to Nasdaq board diversity rule, putting mandate at risk
▼ + stars: | 2024-02-20 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

A federal appeals court agreed to rehear a challenge by two conservative groups to Nasdaq's board diversity rule related to the disclosure of women and minority membership on boards of companies listed on the stock exchange. The 5th Circuit U.S. Court of Appeals, in its order Monday night setting a rehearing, also vacated a decision in October upholding the Nasdaq rule by a three-judge panel from the appeals court, which encompasses Texas, Louisiana, and Mississippi. The Nasdaq rule requires companies to disclose details about the diversity of their boards of directors, and to either have a minimum number of women and minorities on their boards or explain why they do not. "NASDAQ's rule promotes racial discrimination and polarizing personal disclosures and it is to be hoped that this rule is struck down," Blum said. The SEC and Nasdaq did not immediately respond to requests for comment on the rehearing order.

Persons: Edward Blum, " Blum, Margaret Little Organizations: Times, NASDAQ, 5th Circuit U.S, of Appeals, Nasdaq, Securities, Exchange, Alliance for Fair, National Center for Public Policy Research, Fifth Circuit, SEC Locations: New York City, Texas, Louisiana, Mississippi

☆ The Texas Border War and the Battle Within the Supreme Court - The New York Times
▼ + stars: | 2024-02-04 | by ( Linda Greenhouse | ) www.nytimes.com time to read: +1 min

Most people know by now about the border war between Texas and the United States playing out along the banks of the Rio Grande. Less obvious, but no less consequential, is an emerging border war inside the Supreme Court. At the physical border are 29 miles of coiled razor wire on the United States side of the river, put in place by the Texas National Guard on orders from Gov. It has had the added and hardly unpredictable effect of barring access to the border by the federal Border Patrol agents. The state lost in Federal District Court on the grounds that the United States is immune from suits of this type.

Persons: Greg Abbott, Abbott Organizations: Texas National Guard, Gov, Republican, federal Border Patrol, Federal, Court, United States, Appeals, Fifth Circuit Locations: Texas, United States, Rio Grande

☆ Texas is exploiting a loophole in a new Supreme Court ruling to keep putting up razor-wire fencing at the border
▼ + stars: | 2024-01-24 | by ( Natalie Musumeci | ) www.businessinsider.com time to read: +5 min

Read previewTexas is apparently taking advantage of a loophole in a recent Supreme Court ruling involving the US-Mexico border in order to keep putting up more razor-wire fencing along the Rio Grande riverbank. "Texas' razor wire is an effective deterrent against the illegal border crossings encouraged by [President Joe] Biden's open border policies," Abbott said. AdvertisementTexas’ razor wire is an effective deterrent against the illegal border crossings encouraged by Biden’s open border policies. Republicans, like Texas Rep. Chip Roy, have urged the state to ignore the Supreme Court's ruling. Paxton said in a statement on Monday after the Supreme Court ruling that the order "allows Biden to continue his illegal effort to aid the foreign invasion of America."

Persons: —, Biden, Greg Abbott, Joe, Abbott, PE8wiMYaYI — Greg Abbott, Chip Roy, there's, Jonathan Meyer, Ken Paxton, Paxton Organizations: Service, Business, Republican, Texas, Texas National Guard, Fifth Circuit, US Justice Department, Border, Department of Homeland Security, Department Locations: Texas, Mexico, Rio Grande, @GregAbbott_TX, Eagle, Shelby, America

☆ Supreme Court Justices Roberts and Coney Barrett split with conservatives to give Biden a border win
▼ + stars: | 2024-01-22 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +2 min

The Supreme Court cleared the way for federal agents to cut through barbed wire that Texas put up along the southern border. It's a huge win for the Biden administration in its border fight with Texas. AdvertisementTwo of the Supreme Court's conservative justices just handed Joe Biden a major win at the southern border. The 5-4 ruling is a huge win for the Biden administration, with Justices John Roberts and Amy Coney Barrett splitting with the court's other conservatives and siding with liberal justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson. The appeals court put that decision on hold while it reviewed the case, prompting the Biden administration to ask the Supreme Court to intervene.

Persons: John Roberts, Amy Coney Barrett, Biden, —, Joe Biden, Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh Organizations: Texas, Service, US Border Patrol, Fifth Circuit, US Justice Department, Texas National Guard, Justice Department Locations: Texas, Rio Grande, Mexico

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