Today’s cautionary tale from the Fifth Circuit Court of Appeals should remind lawyers of the most important lesson in the law: Words have meaning. That means that if you’re going to file a lien on property in a bankruptcy proceeding, your affidavit better include the right language. Easy enough, right?......
There are 13 medical schools situated within the Fifth Circuit Court of Appeals' geographical reach. Any of those medical schools can dismiss a student based on his suitability for the practice of medicine. There are ways for a student to appeal dismissal based on a public university's decision that he......
Interested in clerking on the Fifth Circuit for the controversial Judge Jerry Smith? There’s something you should know…. Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: 5th Circuit, Advice, Career Advice, Clerks, Clerkships, Danny Boggs, Danny J. Show More Summary
The Fifth Circuit Court of Appeals ruled last week that two insurance companies must both defend and indemnify a Louisiana construction company in a copyright infringement lawsuit over architectural plans. Following Louisiana jurisprudence, which requires ambiguities in insurance policies to be interpreted against the insurer, the appellate court applied a......
Fifth Circuit Court of Appeals Judge Jerry Smith does not like hearing that judicial review is "unprecedented." Judge Smith was clearly irked when President Obama commented on Monday, "I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was......
During oral arguments in a Fifth Circuit case challenging the constitutionality of the Affordable Care Act, the court asked the Department of Justice about its views on the authority of courts to review Acts of Congress. The request came after President Obama stated his belief that the Supreme Court should......
Balkinization: Justice Department states soothing platitudes to a deeply troubled Fifth Circuit Judge. driftglass: 1972. Single Dad Laughing: A teen's brave response to "I'm Christian, unless you're gay." Bob Cesca: Mike Wallace, 1918–2012. Guest post by Batocchio. Email tips to mbru AT crooksandliars DOT com.
Earlier this week the most corrupt federal appeals court on the planet also known as the Fifth Circuit Court of Appeals angrily threw a gauntlet, also known as a hissy fit, at the feet of the Obama administration. Their demands? Judge Jerry Smith, a Republican appointee on the U.S. Show More Summary
Right-wing media figures are exalting Fifth Circuit U.S. Court of Appeals Judge Jerry Smith for his demand that the Department of Justice explain comments President Obama made about the Supreme Court's review of the health care reform law. Show More Summary
So the President says it would be unprecedented (which it wouldn’t) for the Supreme Court to overturn a law passed by a strong majority of both houses of Congress (which ObamaCare wasn’t). Then Eric Holder gives the Fifth Circuit a letter saying that, of course, there is a ton of precedent for federal courts overturning [...]
I don’t want to say that the Fifth Circuit’s request to the Obama administration was a stunt, nor that it was trivial. But, alas, it focused on the wrong question. The president quickly clarified his apparent warning against constitutional...Show More Summary
The Fifth Circuit judge made his frustrations about Obama very clear earlier this week. But where was his fury when a fellow judge's life was threatened?
The #Justice Department completed its #ACA homework, dutifully sending federal judges a letter conceding that, yes, Marbury v. Madison remains good law. Federal appellate judges on the Fifth Circuit Court of Appeals, responding to President Obama's sharp comments about the...
CNN's senior legal analyst said on Thursday's Starting Point that "some of these Republican judges are just deranged by hatred of the President." Jeffrey Toobin was railing against the three-judge panel on the U.S. Fifth Circuit Court...Show More Summary
(David Bernstein) From the Attorney General’s letter to the Fifth Circuit: Where a plaintiff properly invokes the jurisdiction of a court and presents a justiciable challenge, there is no dispute that courts properly review the constitutionality of Acts of Congress. Show More Summary
Earlier this week, Republican Fifth Circuit Judge Jerry Smith ordered the Justice Department to submit a three page, single-spaced letter responding to President Obama’s recent criticism of judicial overreach. Smith’s order is widely perceived as a partisan effort to embarrass the president — even Fox News’ Greta Van Susteren thought the order was so inappropriate [...]
Attorney General Eric Holder has responded to an inquiry from a three-judge panel on the Fifth Circuit Court of Appeals, which questioned the Justice Department on President Obama’s remarks about the Supreme Court striking down Obamacare...Show More Summary
Two days ago, a three-judge Fifth Circuit panel ordered “President” Obama’s Department of Justus to produce a letter of at least three single-spaced pages, explaining the dusky usurper’s position on whether he is bound by the laws of the United States, as interpreted from time to time by the nation’s federal courts. Not surprisingly, Barack [...]
(Orin Kerr) The letter is here, and it is signed by the Attorney General personally. The contents strike me as unexceptional, as it’s just what the DOJ lawyer said at oral argument and DOJ has been saying in its briefing. As ordered, the letter consists of three pages and is single spaced. I assume this will satisfy [...]