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
https://action.everylibrary.org/governmentdislikes
Recent searches
Search options
Administered by:
#fifthcircuit
0 posts0 participants0 posts today
Continued thread
#SCOTUS also rebukes Judge Hendrix in the Western District of #Texas & the ultra-conservative #FifthCircuit for refusing to act on the #ACLU's emergency request, emphasizing that the facts on the ground showed that planes were set to take off — thus making Judge Hendrix' failure to act an appealable order.
Continued 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.”
Continued thread
“The only question is where that judicial review should occur.” So it opens the door to terrible #MatthewKacsmaryk and #FifthCircuit rulings, but does not wholly abdicate the rule of law.
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
https://www.minimumcomp.com/p/legal-news-for-thurs-1212-biden-admin
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"
https://www.theregister.com/2024/11/18/appeals_court_amazon_spacex_nlrb/
The Register · Judges not impressed by Amazon, SpaceX's attempt to have NLRB declared unconstitutional
Continued thread
The case is going to be heard by a panel of judges in the #FifthCircuit Court of Appeals. Of the Circuit Court judges, only 5 out of 26 were appointed by a Democratic president.
#ElonMusk & #JeffBezos have gone #DistrictShopping instead of #JudgeShopping. It would be hard to find another District that was more designed for #conservative #Republican goals.
#Musk & #Bezos Declare The National #Labor Relations Board Unconstitutional
They tried it before, but now they're doing it as a team.
#ElonMusk & #JeffBezos filed a lawsuit in the US #5thCircuit Court of Appeals to rule that the National Relations Board is unconstitutional.
The #FifthCircuit Court of Appeals is under the aegis of #SCOTUS Justice Samuel #Alito.
#law #Union
https://www.dailykos.com/stories/2024/11/18/2287121/-Musk-and-Bezos-Declare-The-National-Labor-Relations-Board-Unconstitutional
Daily KosMusk and Bezos Declare The National Labor Relations Board UnconstitutionalThey tried it before, but now they're doing it as a team. Elon Musk and Jeff Bezos filed a lawsuit in the US 5th Circuit Court of Appeals to rule that the National Relations Board is unconstitutional. The Fifth Circuit Court of Appeals is under the...
@eff to #FifthCircuit: #AgeVerification Laws Will Hurt More Than They Help
#privacy
Electronic Frontier Foundation · EFF to Fifth Circuit: Age Verification Laws Will Hurt More Than They HelpEFF, along with the ACLU and the ACLU of Mississippi, filed an amicus brief on Thursday asking a federal appellate court to continue to block Mississippi’s HB 1126—a bill that imposes age verification mandates on social media services across the internet. Our friend-of-the-court brief, filed in the...
Continued thread
#FreedomtoRead #Advocates Look to Expand Efforts Beyond the #Courtroom
As a key #lawsuit in #LlanoCounty is set to be heard by the full #FifthCircuit #CourtofAppeals, freedom-to-read advocates consider their next moves
PublishersWeekly.comFreedom to Read Advocates Look to Expand Efforts Beyond the CourtroomAs a key lawsuit in Llano County is set to be heard by the full Fifth Circuit Court of Appeals, freedom-to-read advocates consider their next moves
Replied to Nonilex
@Nonilex I am finding it really hard to believe this decision came out of the #FifthCircuit. What's up with that?
Continued 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.
Continued 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.
Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…
The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history.
- Orin Kerr
@lawfare
#law #InfoSec #privacy
https://mastodon.social/@lawfare/112960836499873638
MastodonLawfare (@lawfare@mastodon.social)Last week the Fifth Circuit ruled that the Fourth Amendment does not allow courts to issue warrants for geofence records. Orin Kerr explains why this ruling conflicts with the precedent on gov't access to location data and should be overturned. https://www.lawfaremedia.org/article/the-fifth-circuit-shuts-down-geofence-warrants-and-maybe-a-lot-more
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.
https://www.eff.org/deeplinks/2024/08/federal-appeals-court-finds-geofence-warrants-are-categorically-unconstitutional
Once Again, #Originalism’s Hollow Core Is Revealed. In #rahimi #SupremeCourt #SCOTUS made the right decision for the wrong reasons. #domesticviolence #SecondAmendment #2ndamendment #gunviolence #courts #constitution #guns #originalism #billofrights #unqalifiedcommand #restrainingorder United States #CourtofAppeals for the #FifthCircuit #lawtrappedinamber https://www.theatlantic.com/ideas/archive/2024/06/failure-originalism-supreme-court/678783/ read free https://archive.is/GJziP
Continued 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/
Continued thread
Actually, this is the second time the Supreme Court has slapped down the Fifth Circuit on standing.
(The first was FDA v. Alliance for Hippocratic Medicine, the misepristone case)
Let's hope the Fifth Circuit will temper its lawlessness now.
The US Supreme Court has made it almost impossible to organize a mass protest in Louisiana, Texas, or Mississippi. By letting stand a decision by the right-wing Fifth Circuit Court of Appeals, protest organizers are now legally and financially responsible for any illegal acts performed by anyone at that protest -- even if those acts are taken by counter-protesters.
Vox · The Supreme Court effectively abolishes the right to mass protest in three US states
The Guardian: US appeals court kills ban on plastic containers contaminated with #PFAS.
#Conservative #FifthCircuit overturns EPA’s ban prohibiting #Inhance from using manufacturing process creating toxic compound.
...
The judges did not deny the containers’ health risks, but said the EPA could not regulate the buckets under the statute it used.
https://www.theguardian.com/us-news/2024/mar/30/pfas-ban-plastic-containers-court
The Guardian · US appeals court kills ban on plastic containers contaminated with PFAS