Search for: "STEPHEN HIGGINSON"
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23 Oct 2023, 3:42 am
The October 18, 2023, Decision On October 18, 2023, in an opinion written by Judge Stephen Higginson for a unanimous three-judge panel, the Fifth Circuit rejected the petitioners’ challenge to the Nasdaq rules. [read post]
16 Aug 2023, 3:28 am
” What was most striking was the concurrence of Judge Stephen Higginson, who registered his clear disagreement with Bruen: “It is also important to acknowledge that other gun safety laws, especially longstanding status-based prohibitions previously understood to be constitutionally unassailable, have been recently struck down by courts across the country as they attempt to faithfully implement Bruen. [read post]
9 Aug 2023, 2:54 pm
Daniels, written by Judge Jerry Smith and joined by Judges Stephen Higginson and Don Willett, holds that this violates the Second Amendment: Just as there was no historical justification for disarming a citizen of sound mind, there is no tradition that supports disarming a sober citizen who is not currently under an impairing influence. [read post]
8 Aug 2023, 8:11 pm
Judge Stephen A. [read post]
8 Jan 2023, 7:21 am
Judge Stephen Higginson dissented and argued that “under the majority’s rule, the defendant wins by default whenever the government fails to prove that a statute unambiguously criminalizes the defendant’s conduct. [read post]
8 Jan 2023, 4:25 am
Judge Stephen Higginson, joined by Judges Dennis and Graves, dissented, including a rejection of the lenity argument: the Supreme Court lets us deploy lenity to narrow laws only as a last resort when, having tried to make sense of a statute using every other tool, we face an unbreakable tie between different interpretations. [read post]
6 Jan 2023, 5:11 pm
"] From In re Murphy, decided yesterday by the Fifth Circuit (Judges Edith Brown Clement, Leslie Southwick, and Stephen Higginson): In May 2022, the States of Missouri and Louisiana, along with five individuals, sued various federal officials and departments in federal district court in Louisiana. [read post]
6 Jan 2023, 4:07 pm
Judge Stephen Higginson, joined by Judges Dennis and Graves, dissented, largely for the reasons given in the panel opinion, but also as to the rule of lenity argument: The Supreme Court has repeatedly instructed that "the rule of lenity only applies, if, after considering text, structure, history, and purpose, there remains a grievous ambiguity or uncertainty in the statute such that the [c]ourt must simply guess as to what Congress intended. [read post]
23 Aug 2022, 11:05 am
Ho; 45 in the principal dissent by Circuit Judge Jennifer Walker Elrod; four in Circuit Judge Stephen A. [read post]
18 Aug 2022, 12:26 pm
Case in point Stephen Douglass (no, not that Stephen Douglas) v. [read post]
6 Jul 2022, 2:15 pm
., Stephen A. [read post]
20 Jan 2022, 2:30 pm
Judge Stephen Higginson dissented from the court’s order, complaining that the court of appeals was “only causing further delay, indeed delay without specified end. [read post]
19 Jan 2022, 8:12 am
In dissent, Judge Stephen Higginson argued that the appeals court has no authority to certify the questions. [read post]
7 Jan 2022, 12:57 pm
And Avalon Zoppo of The National Law Journal has a report headlined “In Setback for Abortion Clinics, 5th Circuit Hints It Will Punt SB8 Case; The panel seemed poised to certify a question regarding enforcement of the abortion law; Judges Edith Jones and Stuart Kyle Duncan appeared to support Texas’ request, while Judge Stephen Higginson opposed it. [read post]
13 Sep 2021, 11:55 am
Judge Stephen A. [read post]
7 Jul 2021, 2:40 pm
City of El Paso, decided yesterday (correctly, I think) by Judge Stephen A. [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]
13 Apr 2020, 3:46 am
Supreme Court was petitioned recently to take up Higginson v. [read post]
30 Jan 2020, 8:24 am
Judge Stephen Higginson, joined by Judge Dennis, also disse [read post]
9 Jan 2020, 10:38 am
The two Republican-appointed judges, Judges Edith Jones, appointed under President Ronald Reagan, and Judge Andrew Oldham, appointed under President Donald Trump, formed the majority opinion, with Judge Stephen Higginson, appointed under President Barack Obama, writing the dissent. [read post]
