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14 Dec 2021, 8:45 pm
Only the Fifth Circuit can certify questions to the Texas Supreme Court. [read post]
11 Dec 2021, 6:27 pm
The U.S. 6th Circuit Court of Appeals heard oral arguments on Thursday in Universal Life Church Monastery v. [read post]
10 Dec 2021, 11:48 pm
The Court essentially dismissed the suit against the state court officials citing Ex parte Young, which “does not normally permit federal courts to issue injunctions against state-court judges or clerks. [read post]
10 Dec 2021, 9:20 am
As I noted in early September, SB8 is effective at chilling the exercise of abortion rights because the Supreme Court itself--and in particular the five Justices who voted today to deny a right to seek relief against state court clerks and the attorney general--have destabilized the abortion right. [read post]
8 Dec 2021, 1:32 pm
Court of Appeals for the Sixth Circuit in Nashville, TN. [read post]
7 Dec 2021, 6:37 pm
” Former Kennedy clerk J.C. [read post]
3 Dec 2021, 3:00 am
Court of Appeals for the District of Columbia Circuit expressed skepticism about the role of the courts in settling a dispute in which a former president and the sitting president are at loggerheads over the release of records. [read post]
2 Dec 2021, 2:59 pm
Circuit judges are also far more likely to read an amicus brief, rather than leaving them to their clerks. [read post]
2 Dec 2021, 12:10 pm
Court of Appeals for the Eighth Circuit for the Missouri Court case, and the Fifth Circuit Court of Appeals for the Louisiana Court case. [read post]
2 Dec 2021, 8:18 am
Court of Appeals for the Eighth Circuit for the Missouri Court case, and the Fifth Circuit Court of Appeals for the Louisiana Court case. [read post]
30 Nov 2021, 2:10 pm
However, both the Fifth Circuit and the Supreme Court have suggested such action could amount to a taking. [read post]
30 Nov 2021, 9:25 am
Court of Appeals for the Fifth Circuit stayed the lower court’s injunction. [read post]
29 Nov 2021, 4:00 am
The Supreme Court does not review federal appeals court judgments that correctly apply current case law, unless they conflict with other lower court rulings (and the Fifth Circuit decision does not) or the four or more Justices who voted to grant review are considering changing the law. [read post]
28 Nov 2021, 4:47 pm
Johnson's behavior wasted public time and resources and distracted court officials from their work. [read post]
28 Nov 2021, 7:05 am
The 81-year-old jurist has served on the court since his appointment in 1998 by President Bill Clinton. [read post]
24 Nov 2021, 12:59 pm
I recounted the story here: Back in 2001, when I was clerking for the [US Court of Appeals for the] Fifth Circuit in Houston, I was pulled over by a police officer for a minor traffic violation (I thought I wasn't doing anything wrong, but the officer had a different view…). [read post]
22 Nov 2021, 9:01 pm
Court of Appeals for the Sixth Circuit, whose ultimate decision (subject, of course, to U.S. [read post]
22 Nov 2021, 4:03 am
Here, we’re talking tribal judges (including an associate judge who was not assigned the case), a court clerk, and lawyers retained by the tribe to merely serve as counsel for the tribe, among others. [read post]
19 Nov 2021, 11:46 am
The JPML’s procedures require that the clerk of the judicial panel hold a lottery and choose a court “from a drum” which contains an entry for each circuit where a petition is then pending. [read post]
19 Nov 2021, 8:25 am
Along these procedural lines, we spoke with the Clerk’s Office to confirm that many of the cases from other circuits have not yet been transferred to the Sixth Circuit (though, notably, the Fifth Circuit case that ordered a stay has been transferred). [read post]
