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Trend Results : "Fifth Circuit"

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Police Must Ask Who Owns Which Bag When Searching Car: 5th Cir.

What is the scope of consent when the driver of a vehicle consents to a search of the car, but there are multiple passengers, all of whom have luggage in the trunk? The Fifth Circuit answered that question this week in U.S. v. Iraheta.The case involved a lawful traffic stop......

This Secret Abortion Doctor is the Only Reason Mississippi is Not Abortion Free

The State of Mississippi filed an appeal to the full Fifth Circuit Court of Appeals on Wednesday seeking a reversal of a last month’s ruling by a three member panel that has blocked implementation of a 2012 law that requires abortionists to maintain hospital privileges within 30 miles of their abortion facilities. If allowed to […]

BP Petitions Supreme Court for Review of Oil-Spill Settlement

BP has taken its last gasp of air as it seeks it's one and only option in the ongoing saga of the oil-spill settlement agreement the company hastily signed. After unsuccessful attempts with the Fifth Circuit Court of Appeals, the oil giant is now trying its hand with the......

TEXAS: 63 State Pols Sign Brief Linking Gay Marriage To Incest And Pedophilia

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

In an amicus brief to the Fifth Circuit Court of Appeals that is signed by 63 state legislators, today the Texas Conservative Coalition compared same-sex marriage to incest, polygamy, and pedophilia. Via Lone Star Q: The brief states that U.S. Show More Summary

Court Put Promoting Abortion Ahead of Protecting Women’s Health in Mississippi Case

Striking down a state law requiring abortionists to have admitting privileges in local hospitals, a Fifth Circuit panel ignored Supreme Court precedent and instead requires that Mississippi ensure abortions—regardless of safety—are provided within its borders. Show More Summary

Fifth Circuit Disobeyed Supreme Court in Allowing Racial Preferences at UT-Austin

Ilya Shapiro Last year, in Fisher v. University of Texas at Austin, the Supreme Court delivered a blow to the use of racial preferences in university admissions by reversing a Fifth Circuit panel opinion that had allows the use of race in UT-Austin’s admissions policy. Show More Summary

Court Finds Act of Crossing State Lines to be an Unconstitutional Burden on Women Seeking Abortions

Last week, a panel sitting for the U.S. Court of Appeals for the Fifth Circuit struck down – by a 2 to 1 margin ? a 2012 Mississippi law as an undue burden on a woman's right to abortion.

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

last monthLGBT / 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...

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