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21 Dec 2019, 10:00 pm
On December 18, 2019, a divided panel of the United States Court of Appeals for the Fifth Circuit affirmed a Texas district court’s December 2018, ruling that the individual mandate in the Affordable Care Act is unconstitutional in light of changes made by the Tax Cuts and Jobs Act of 2017 (TCJA). [read post]
20 Dec 2019, 8:49 am
Court of Appeals for the 5th Circuit rejected their challenge. [read post]
20 Dec 2019, 8:11 am
But the content of those grooming policies has never been established, and the fact that there are grooming standards for both girls and boys teams was not even mentioned in the stipulated facts submitted to the district court for purposes of resolving the case. [read post]
20 Dec 2019, 7:39 am
Sixteen other states, which had intervened in the litigation to defend the ACA, appealed the district court’s decision to the 5th Circuit. [read post]
18 Dec 2019, 11:16 pm
Lower courts, including the 5th Circuit, lack the ability to jettison long-standing doctrine. [read post]
14 Dec 2019, 4:01 pm
The U.S. 5th Circuit Court of Appeals yesterday struck down a Mississippi statute that prohibits abortions, with limited exceptions, after 15 weeks' gestational age. [read post]
11 Dec 2019, 7:30 am
” On appeal, the 5th Circuit reviewed only for “plain error” because, the court said, Holguin-Hernandez “failed to raise his challenges in the district court. [read post]
10 Dec 2019, 4:50 pm
To be clear, I do not accuse the government lawyers handling Ackies’ appeal of misconduct. [read post]
9 Dec 2019, 2:19 pm
Court of Appeals for the 5th Circuit that federal courts will not consider constitutional challenges to state post-conviction proceedings, even when the results of such proceedings are “beyond regrettable. [read post]
5 Dec 2019, 9:40 am
The Fifth District departed from decisions made by other Appellate Courts in People v. [read post]
3 Dec 2019, 10:16 pm
No 17-35640 Court of Appeals for the Ninth Circuit. [read post]
3 Dec 2019, 4:56 pm
” (39 Cal.App.5th at 20, fn. and citation omitted.) [read post]
3 Dec 2019, 1:53 pm
As the California Court of Appeal explained earlier this year in Muller v. [read post]
3 Dec 2019, 8:57 am
Court of Appeals for the 5th Circuit erred, so the court has appointed an amicus to argue in support of the judgment. [read post]
3 Dec 2019, 4:44 am
Accordingly, Reynero-Serna fails to show that the district court clearly or obviously erred in denying suppression. [read post]
1 Dec 2019, 7:01 am
Nocera et al, March 8, 2019, Florida’s 5th District Court of Appeals The post Florida Injury Law Insight: Rear-End Collisions and Rebuttable Presumption appeared first on Broward Injury Lawyer Blog. [read post]
29 Nov 2019, 11:03 am
Hegwood, 934 F.3d 414, 418 (5th Cir. 2019), the Fifth Circuit Court of Appeals explains application of the First Step Act in the following clear directive: “The mechanics of First Step Act sentencing are these. [read post]
28 Nov 2019, 9:05 pm
The Supreme Court gave both sides until December 5th to file briefs. [read post]
27 Nov 2019, 8:11 am
The district court denied Banister’s habeas petition and declined to issue a certificate of appealability to allow him to appeal that denial to the U.S. [read post]
26 Nov 2019, 6:27 am
" [The government did not appeal that ruling, fearing, perhaps, that an appeals court decision would affirm the obviously correct result of the district court and they'd have to throw out all those OLC memos …] And yesterday, Judge Jackson of the DC district court again rejected the OLC position in a comprehensive, 118-page opinion upholding the congressional subpoena issued to former White House counsel Don McGahn to… [read post]
