The mandate has been touted by #Republicans, including #Trump, & marks one of the latest pushes by #conservatives to incorporate #religion into classrooms.
The ultra conservative #5thCircuit Court of Appeals’ order stems from a lawsuit filed last year by #parents of #Louisiana school #children from various #religious backgrounds, who said the #law violates #FirstAmendment language guaranteeing religious liberty & forbidding government establishment of religion.
Once the #5thCircuit rules, this almost certainly goes straight back to #SCOTUS for a ruling on the AEA proclamation itself.
I have no doubt the 5th Circuit will say #Trump’s invocation of the #AlienEnemiesAct is legal even though there is no war, invasion or incursion.
I also thoroughly expect the Trump admin to try to continue #deportations without #DueProcess.
#SCOTUS sets up how the litigation will proceed.
The #Trump admin is BARRED from deporting people held in WDTX under the #AlienEnemiesAct pending #SupremeCourt review. The #5thCircuit is ordered to rule not just on #DueProcess, but ALSO on the #underlying merits of the #AEA proclamation.
The 7-justice majority emphasizes that they are not deciding if #Trump's use of the #AlienEnemiesAct is legal 
. But they do make clear that HOW the Trump admin was trying to USE the #law WAS illegal - a very clear violation of DueProcess.
They remand to the #5thCircuit to develop a new test.
#law #immigration #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #Judiciary #SeparationOfPowers #AbuseOfPower
I’ll give you 1 guess who the 2 justices are in dissent.
#SCOTUS unanimously rejects the ultra-conservative #5thCircuit’s applied "moment of threat" rule to evaluate a #police officer's use of deadly #force in a traffic stop, which looked at the circumstances that existed when the officer perceived the threat that led him to shoot.
That approach was "improperly narrowing the requisite #FourthAmendment analysis," Justice Kagan wrote.
https://www.supremecourt.gov/opinions/24pdf/23-1239_onjq.pdf
The #5thCircuit's ruling also rejected the govt's request to remove certain offending words from the #ACA provision at issue - a process called severing - in order to make that part of the #law conform to the #Constitution. That issue is also part of the appeal before #SCOTUS.
The #SupremeCourt's decision is expected by the end of June.
The #conservative #5thCircuit Court of Appeals ruled in 2024 that the task force's structure violates the #Constitution, as plaintiffs claimed.
The govt's appeal of the 5th Circuit's decision initially was filed by Democratic President #Biden's admin before being taken up by Republican Pres #Trump's admin.
Trump's admin argued in a #SCOTUS brief that the #USPSTF's #PreventiveCare recs cannot become legally binding on insurers w/o the #HHS secy's [#RFKJr] permission.
The decision by US Dist Judge Michael Farbiarz in Newark, NJ, means any appeals in the #Palestinian #activist's case will be heard by the 3rd Circuit Court of Appeals, which has a 6-6 split between active judges appointed by Republican & Democratic presidents, instead of the #5thCircuit, the country's most #conservative appeals court.
#MahmoudKhalil
#immigration #law #ColumbiaUniversity #Constitution #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #DueProcess #Trump #AbuseOfPower
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.
Part of the #5thCircuit is the Northern District of #Texas. In that district is District Judge #MatthewKacsmaryk. You may remember him as the judge who tried to ban #Mifipristone, the #abortion drug, nationwide.
In the Northern District of TX, there are 18 judges. Only one of them was installed by a #Democrat which was Bill Clinton.
#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
This @ProPublica article says women are dying because of #abortion bans. True, but not the whole story.
There are plenty of doctors who agree with these laws, that the life of a fetus takes precedence over the life of the mother, that it's wrong to perform an abortion to save the mother's life.
The only way to ensure women who need emergency abortions can get them is to legally require hospitals to provide them. #SCOTUS and the #5thCircuit have stolen that from us.
Ref: https://www.propublica.org/article/nevaeh-crain-death-texas-abortion-ban-emtala
1 of surprising themes of #SCOTUS term that ended past Mon was how US #Court of Appeals for #5thCircuit, federal appeals court in #New Orleans that hears cases from #LA, #MS #TX won even as it lost. Many of those reversals were in some of the term’s most ideologically charged cases - block access to #mifepristone on nationwide basis, invalidate the way Congress funds the #CFPB, bar Biden admin from even talking w social-media companies about #publichealth #disinformation https://www.theatlantic.com/ideas/archive/2024/07/how-fifth-circuit-won-losing/678918/
The #5thCircuit isn’t the final word — & a couple other courts have ruled differently — but the issue could be another [#RightWing #Trump #FederalistSociety beholden] #SCOTUS showdown that limits #DOJ’s tools.
A core trespassing charge in nearly every #Jan6 case (>1,400) is — 4 years later — facing a serious legal challenge. Defendants say the charge requires prosecutors to prove they *knew* a USSS protectee was in the Capitol.
#AYFKM? um “hang #MikePence” “where’s Nancy?” [#Pelosi]
[#RightWing appointed #judges]… have chipped away at the #DOJ’s cases against #Jan6 rioters — & several other threats loom that could further erode the largest & most complex federal probe in history.
Many of DOJ’s recent cases have relied on a “#geofence” warrant to #Google —using devices’ location #tracking to ID people inside the restricted area of the Capitol on #J6. But the [#ultraconservative] #5thCircuit recently found geofence warrants are unconstitutional.
#law
https://www.politico.com/news/2024/09/27/jan-6-cases-legal-challenges-political-threats-00181313
The admin also said that the rule does not change "existing requirement governing #sex separation in athletics," [contrary to Republican propaganda] noting that the issue is the subject of a "separate rulemaking."
The New Orleans-based [#extremist #ActivistCourt] #5thCircuit Court of Appeals & the Cincinnati-based 6th U.S. Circuit Court of Appeals denied requests to partially enforce the rule, prompting the #Biden admin to seek #SCOTUS’ intervention.
#law #discrimination #LGBTQ#CivilRights
5th Circuit rules geofence warrants illegal in win for phone users’ privacy - Enlarge (credit: Getty Images | )
A federal appeals court rule... - https://arstechnica.com/?p=2042955 #geofencewarrants #5thcircuit #policy
#5thCircuit Court of Appeals w/another outrageous #FarRight #ActivistCourt ruling upholding a #JimCrow era felony voting ban in #Mississippi. Decision that state lawmakers elected by #gerrymandering district maps to determine #VotingRights not courts of #law.
#election #ElectionLaw #Vote #VoteBlue
https://apnews.com/article/mississippi-felony-voting-rights-appeals-court-2c0cce8690f2ab18d903d01da79a54db
The #5thCircuit rejected the historical comparisons that the government offered to justify the #law barring those w/a #RestrainingOrder from possessing #guns.
Today, #SCOTUS, overturned that decision & said the #Constitution permits #laws that bar individuals deemed dangerous from #GunPossession.
