Search for: "Judge Elrod"
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22 Sep 2020, 4:45 pm
IV, cl. 2 (federal Constitution and laws "shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding"). [read post]
31 Aug 2020, 1:21 pm
Elrod v. [read post]
24 Aug 2020, 5:01 am
" Elrod v. [read post]
20 Aug 2020, 9:28 am
Grewal (written by Judge Edith Jones and joined by Judges Jennifer Elrod, with a concurrence by Stephen Higginson), another example of the lawyer's true superpower: the power to make every question into a question about procedure. [read post]
7 Jul 2020, 5:30 am
Recently, Judge Elrod (CA5) articulated this premise in Texas v. [read post]
19 Jun 2020, 10:32 am
§ 2284(a), or the scope of authority for three-judge courts to hear election law cases.Of note—to me, at least—was some language in Judge Don Willett’s opinion, joined by Judges Jerry Smith, Jennifer Elrod, Kyle Duncan, and Kurt Engelhardt, on statutory interpretation. [read post]
18 Jun 2020, 11:03 pm
Does this recitation suggest Roberts agrees with Judges Smith and Elrod? [read post]
16 Jun 2020, 1:19 pm
Lower-court judges of all stripes would defer to all manner of gun control laws. [read post]
10 Apr 2020, 2:43 pm
From the per curiam opinion today, joined by Judges Stuart Kyle Duncan and Jennifer Walker Elrod (Judge James Dennis dissented in part, "because he would not stay any part of the district court's April 9 TRO"): On April 7, 2020, we issued a writ of mandamus directing the district court to vacate its temporary restraining order … that exempted abortion procedures from GA-09, an emergency executive order issued on March 22 by the Governor of Texas… [read post]
8 Apr 2020, 12:36 pm
From yesterday's In re Abbott, Fifth Circuit Judge Stuart Kyle Duncan, joined by Judge Jennifer Walker Elrod: To preserve critical medical resources during the escalating COVID-19 pandemic [especially "PPE," personal protective equipment], on March 22, 2020, the Governor of Texas issued executive order GA-09, which postpones non-essential surgeries and procedures until 11:59 p.m. on April 21, 2020…. [read post]
7 Apr 2020, 10:37 pm
Judge Dennis excluded an important element. [read post]
31 Mar 2020, 11:01 am
Before DENNIS, ELROD, and DUNCAN, Circuit Judges. [read post]
14 Feb 2020, 10:30 am
The affidavit must establish “probable cause” to the judge. [read post]
6 Feb 2020, 3:11 pm
Court of Appeals for the Fifth Circuit consisting of Circuit Judges Jennifer Walker Elrod, Leslie H. [read post]
24 Jan 2020, 8:56 am
Elrod and Higginson both asked one question each. [read post]
20 Dec 2019, 7:39 am
” Writing for the majority, Judge Jennifer Walker Elrod focused on the Supreme Court majority’s reasons for finding that the individual shared responsibility payment was permissible as a tax: it provided revenue for the government and was paid into the U.S. [read post]
19 Dec 2019, 11:04 am
Judge Jennifer Walker Elrod wrote that the matter of severability “involves a challenging legal doctrine applied to an extensive, complex, and oft-amended statutory scheme,” therefore requiring a more detailed review offered at the district court level. [read post]
18 Dec 2019, 11:16 pm
Judge Elrod's decision demonstrates, once again, Justice Thomas's influence. [read post]
18 Dec 2019, 10:02 pm
Judge Elrod reasons that the saving construction is no longer applicable, because the shared-responsibility raises no revenue. [read post]
18 Dec 2019, 5:55 pm
However, Judge Elrod also emphasizes that the trial court must consider the intent of the 2017 Congress that neutered the individual mandate, not just that of the 2010 Congress that initially enacted the ACA. [read post]
