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Planned Parenthood Posts Racist Tweet Opposing Pro-Life Judicial Nominee Just Because He’s White

Planned Parenthood posted a racist tweet Tuesday that criticizes a judicial nominee for being white. Its target was Kyle Duncan, who President Donald Trump nominated for a seat on the Fifth Circuit Court of Appeals. Notably, Duncan, a lawyer from Louisiana, represented Hobby Lobby at the U.S. Supreme Court when the Obama administration tried to […]

Dispute Over Krusty Krab Restaurant Lands in Fifth Circuit

Kids know that SpongeBob SquarePants would protect The Krusty Krab's secret recipe. Some seasoned judges don't know that, however, even in a lawsuit over "The Krusty Krab." Viacom, which created the cartoon crab shack on Nickelodeon, wants to keep a businessman from using the name for his planned restaurants.......

Trump's Latest Nomination for 5th Circuit: Andy Oldham

Andy Oldham barely had time to decorate his office when President Trump nominated him to the U.S. Fifth Circuit Court of Appeals. Oldham was just named general counsel by Texas Gov. Greg Abbott on Jan. 2, when the President came calling a month later. It may be a bit of......

Federal Circuit: Walker Process Claims do not Arise Under US Patent Law

By Dennis Crouch Xitronix Corp. v. KLA-Tencor Corp (Fed. Cir. 2018) Acting sua sponte, the Federal Circuit has transferred this appeal to the Fifth Circuit – holding that the Walker Process monopolization case does not arise under the U.S. Patent Laws as required by the appellate court’s jurisdiction statute 28 U.S.C. § 1295(a)(1). This decision […]

‘The Krusty Krab’ Is Not a Restaurant Name That’s Up For Grabs, Says Nickelodeon

The fictional restaurant from Spongebob Squarepants is not coming to Houston This week, a Houston man will appear before the Fifth Circuit Court of Appeals in order to argue that he should be allowed to open a restaurant called The Krusty Krab. Last year, Eater reported that a Houston district court judge barred Javier Ramos Jr. Show More Summary

Court Reverses Medicare Fraud Convictions for New Orleans Doctor

Sixty-eight-year-old Dr. Pramela Ganji is serving her last days in federal prison, but she will soon be free again. The U.S. Fifth Circuit Court of Appeals court threw out the case against her in United States of America v. Ganji. The appeals court said prosecutors did not prove she......

Trump Nominates Judge Prado as Ambassador, Opening Court Seat

Judge Edward Prado of the Fifth Circuit Court of Appeals was recently nominated by President Trump to serve as the ambassador to Argentina. And while the official ambassador position has been vacant for nearly a year, if Prado is confirmed (which is highly anticipated), it will create a new......

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Trump Just Opened Up ANOTHER Seat On The Fifth Circuit Above The Law The El […]

Trump Just Opened Up ANOTHER Seat On The Fifth Circuit

Problem: the administration doesn't have enough ambassadors. Solution: start sending federal judges and nominating their replacements.

Senate Judiciary Committee Advances Trump-Pence Anti-LGBTQ Nominees

Today, HRC responded to the Senate Judiciary Committee’s vote on four anti-LGBTQ nominees: Eric Dreiband to head the civil rights division of the Justice Department; Kyle Duncan to the U.S. Court of Appeals for the Fifth Circuit; Matthew Kacsmaryk to the U.S. Show More Summary

Democrats Press Fifth Circuit Nominee on Sexual Harassment Decisions

Senators repeatedly asked U.S. District Judge Kurt Engelhardt about his decisions tossing several sexual harassment cases.       

Best of Overlawyered — March 2017

2 months agoIndustries / Law : Overlawyered

“Woman Gets a Ticket for Parking Two Seconds Early” Fifth Circuit’s Jerry Smith drop-kicks “dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad“; Clichés come to life: lawyer’s pants...Show More Summary

Senate Confirms Pro-Life Appeals Court Nominee Don Willett to Federal Appeals Court

The Senate voted today to confirm Texas Supreme Court Justice Don Willett to the U.S. Court of Appeals for the Fifth Circuit. Conservative groups strongly supported his nomination. The Senate Judiciary Committee approved his nomination on an 11-9 vote last week and today the full Senate approved his nomination 50-47. Democrats lack the numbers to […]

Conservatives Cheer as Justice Willett is Confirmed to Fifth Circuit

The Senate voted today to confirm Texas Supreme Court Justice Don Willett to the U.S. Court of Appeals for the Fifth Circuit, a move cheered by conservative activists and legal scholars. Willett’s nomination was approved by the Senate...Show More Summary

'Deep Division' in Planned Parenthood Ruling

Facing a stalemate, a federal appeals court let stand a ruling that continues Medicaid funds to Planned Parenthood in Louisiana. The U.S. Fifth Circuit Court of Appeals split 7-7 on whether to reconsider a decision in favor of Planned Parenthood. The organization, which provides abortion services, had sued after......

The new Al Franken, Part Three

(Scott Johnson) Paul gave a good account (here and here) of the November 29 Senate Judiciary Committee on the nominations of Minnesota Supreme Court Justice David Stras to the Eighth Circuit and Kyle Duncan to the Fifth Circuit. I want only to add a few personal notes along with the video of the hearing below. Show More Summary

Kyle Duncan addresses Sen. Kennedy’s concern

(Paul Mirengoff) Kyle Duncan, President Trump’s nominee for the Fifth Circuit Court of Appeals, appeared before the Senate Judiciary Committee yesterday (along with Justice David Stras, a nominee for the Eighth Circuit about whom more in another post). Show More Summary

David Stras and Kyle Duncan finally get their hearing

(Paul Mirengoff) As I write this post, the Senate Judiciary Committee is holding a hearing on the nominations of David Stras and Kyle Duncan to, respectively, the Eighth Circuit and the Fifth Circuit court of appeals. Sen. Amy Klobuchar just finished a gracious introduction of Judge Stras, notwithstanding their ideological differences. Show More Summary

Confirmation Controversy: Willett Twitter, or Won't It?

The Texas Twitter Laureate, and Fifth Circuit Court of Appeals nominee, Justice Don Willett, found himself in the hot seat during his Senate confirmation hearing due to his large social media following. However, it was not just the following that drew scrutiny, but also the content of a handful......

About Sen. Patrick Leahy’s Absurd Assertion About Justice Don Willett: In A Pig’s Eye!

[guest post by Dana] As you are aware, one of the better things that President Trump has done since taking office is to nominate Texas Supreme Court Justice Don Willett to the U.S. Court of Appeals for the Fifth Circuit. Of course, not everyone is pleased with the nominee, nor charmed by his popular Twitter […]

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