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Stereotypes, Testing and the 'Soft Bigotry of Low Expectations'

Stereotypes, Testing and the 'Soft Bigotry of Low Expectations' by William A. Darity, Alan A. Aja, & Darrick Hamilton | HuffPost Earlier this month a divided Fifth Circuit Court of Appeals upheld the University of Texas' right to use race amongst its criteria for undergraduate admissions, however limited that right may be. Show More Summary

Judge Garza Really Disagrees With the Miss. Abortion-Clinic Opinion

A Fifth Circuit panel on Tuesday upheld an injunction against the enforcement of a Mississippi statute requiring physicians providing abortions to have admitting privileges at a nearby hospital as it applied to the state's last remaining clinic. It did so despite binding authority from earlier this year -- a different......

Miss. Abortion Clinic Can Stay Open, Thanks to 1938 Segregation Case

Two states. Two laws. Both laws are pretty much the same: Abortion providers have to have admitting privileges at a nearby hospital. And despite everyone's expectations to the contrary, the Fifth Circuit just jumped in and issued a seemingly contradictory ruling, protecting a Mississippi abortion clinic. How? "Today, we follow......

Fifth Circuit tells Mississippi it cannot close its last abortion clinic over admitting privileges

Jackson Women's Health Organization still open, for now. In 1997, Mississippi had six health clinics that performed abortions. Now it has one. If the forced-birthers in and out of the state legislature had gotten their way, it would have none. Show More Summary

5th Circuit Court Of Appeals Blocks Anti-Abortion Mississippi Law

Finally some good news via the Court of Appeals for the Fifth Circuit over Mississippi's draconian new law that forced the lone abortion clinic's doctors in that state to obtain admitting privileges at local hospitals or else they would...Show More Summary

Court Undermines Effort to Close Mississippi's Last Abortion Clinic

The Fifth Circuit has cast doubt on a Mississippi law which, by imposing burdensome licensing requirements on doctors associated with abortion clinics, threatened to shutter the state's last abortion clinic. Read more...

Mississippi's Last Abortion Clinic Will Remain Open—For Now

The last abortion clinic in Mississippi has been on the brink of closure for nearly two years. But the fight to shutter the Jackson Women's Health Organization may have ended Tuesday, when the Fifth Circuit Court of Appeals struck down...Show More Summary

Appeals Court Stops Pro-Life Law That Could Have Made Mississippi Abortion Free

A federal appeals court has stopped a pro-life law that could have made Mississippi the first state to be abortion free. A three member panel of the Fifth Circuit Court of Appeals heard oral arguments earlier this year concerning the constitutionality of Mississippi’s law that requires abortionists to maintain hospital privileges within 30 miles of […]

READ IT HERE: Opening brief in Fifth Circuit challenge to Texas same-sex marriage ban

The opening brief in DeLeon v. Perry is finally here after several delays. The challenge to Texas’ same-sex marriage ban had been appealed to the Fifth Circuit back in February, after the federal judge overseeing the case struck down the ban. Show More Summary

TEXAS: AG Greg Abbott Files Marriage Overturn Appeal With Fifth Circuit Court, Uses Tired Procreation Argument

3 days agoLGBT / Gay : Joe. My. God.

Via the American-Statesmen: Back in court to defend Texas’ ban on gay marriage, Attorney General Greg Abbott is arguing that the restriction is designed to promote responsible procreation, not to demean same-sex couples — a tactic that has already been rejected by two federal appeals courts. Show More Summary

Why We're Wrong About Affirmative Action: Stereotypes, Testing and the 'Soft Bigotry of Low Expectations'

Earlier this month a divided Fifth Circuit Court of Appeals upheld the University of Texas' right to use race amongst its criteria for undergraduate admissions, however limited that right may be. While the decision will be viewed asShow More Summary

Confederate Flag License Plates: Whose Speech Is It Anyway?

In case you missed it, the Fifth Circuit recently ruled that Texas has to honor the Sons of Confederate Veterans' request to issue Confederate Flag license plates. The majority's ruling was that the denial of the plate was a viewpoint-based restriction on free speech, and that Texas impermissibly dismissed the......

On Remand from the Supreme Court, Fisher Decided in the Fifth Circuit in Support of Affirmative Action Plan

Thanks so much to the bloggers at the Workplace Prof Blog for inviting me. I am excited to join such a great group as a guest blogger. For my initial post, I’d like to discuss Fisher v. University of Texas...

Fifth Circuit: False Claims for USF Funds Are Not Subject to False Claims Act Suits

Court holds that USF funds, administered by a private corporation, are not “federal funds” within meaning of False Claims Act. One weapon in the government’s anti-fraud arsenal – the False Claims Act – will no longer be available toShow More Summary

The 5th Circuit's pro-affirmative action decision in Fisher "may, paradoxically, tee up a major loss in the larger war."

Richard D. Kahlenberg's explanation is — despite that mixed metaphor — skillfully done:As a matter of process, the Fifth Circuit’s decision plays into the hands of conservatives by expediting the possibility of Supreme Court review in two respects. Show More Summary

NLRB Loses in the Fifth Circuit, But the Controversy Continues

For reasons not entirely clear to legal experts, the NLRB opted to not appeal a Fifth Circuit ruling in D.R.Read the Rest...

Are Fisher and Affirmative Action Returning to SCOTUS?

She came, she saw, she got remanded. And now, she'll petition the Supreme Court for another grant of certiorari after the Fifth Circuit once again ruled against her. Abigail Fisher didn't get into the University of Texas at Austin. Others, who were arguably less qualified, did under the university's "holistic"......

Appeals Court Upholds Affirmative Action at the University of Texas

The Fifth Circuit Court of Appeals upheld the University of Texas' consideration of race in its admissions process, writing in their 2-1 decision that the university's affirmative action practices are narrowly tailored to increasing diversity at the school. Show More Summary

Fifth Circuit Court Rules That Texas Cannot Ban Confederate Flag License Plates

2 weeks agoLGBT / Gay : Joe. My. God.

Via Raw Story: The 5th U.S. Circuit Court of Appeals on Monday ruled that Texas could not prohibit a group that celebrates the Confederacy from having their own specialty license plates. The federal appeals panel ruled 2-1 that the Texas...Show More Summary

USAO Scolded for Not Prompt Presentment, Keeps Conviction

You already know where this is going from the title: "harmless error," but last week's Boche-Perez decision, out of the Fifth Circuit, provides a stern warning to the overburdened law enforcement agencies near the Mexican Border: a little delay in processing might be fine, even a smidge beyond the six-hour......

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