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Fifth Circuit

All articles tagged with #fifth circuit

Fifth Circuit curbs 90-day migrant detention without bond review
politics11 days ago

Fifth Circuit curbs 90-day migrant detention without bond review

The Fifth U.S. Circuit Court of Appeals ruled 2-1 that ICE cannot detain migrants for more than 90 days without a bond hearing, potentially affecting thousands detained in Texas, Louisiana and other states within the court’s reach. The majority tied the policy to due process protections, while a dissent criticized excessive executive authority on immigration matters. The Department of Homeland Security said it disagrees with the ruling, and the case follows ongoing disputes over mandatory detention.

5th Circuit orders bond hearings after 90 days of migrant detention
politics11 days ago

5th Circuit orders bond hearings after 90 days of migrant detention

A divided 5th U.S. Circuit Court of Appeals ruled that ICE cannot detain migrants for more than 90 days without offering a bond hearing, reinforcing due‑process protections. The decision could affect thousands detained under a Trump-era policy and comes as the administration faces ongoing legal questions over its interpretation of who qualifies for mandatory detention. The ruling also highlights the broader debate across courts about the scope of the government’s immigration authority and may prompt Supreme Court review.

immigration12 days ago

5th Circuit curbs ICE detention expansion, orders 90-day bond hearings

A 5th Circuit Court of Appeals panel limited the Trump-era expansion of mandatory detention by ruling that detainees awaiting deportation must have a bond hearing within 90 days to protect due process, a decision that affects thousands held in the interior and could accelerate postures in other circuits as lawsuits continue, with potential Supreme Court review on the detention policy.

Fifth Circuit Vacates Ruling on Louisiana District Maps After Supreme Court Section 2 Shift
politics2 months ago

Fifth Circuit Vacates Ruling on Louisiana District Maps After Supreme Court Section 2 Shift

The U.S. 5th Circuit vacated its ruling that Louisiana’s legislative maps violated the Voting Rights Act after the Supreme Court’s Callais decision narrowed how Section 2 can be used, pausing the case while considering Callais. Republicans are moving to redraw the U.S. House maps for 2026, but the state legislative boundaries remain unresolved. Black voters in Nairne seek more majority-Black districts (six in the House, three in the Senate); Louisiana currently has 28 of 105 House seats and 11 of 39 Senate seats that are majority-Black.

Providers map contingency plans to keep telehealth abortion after in-person mifepristone ruling
health2 months ago

Providers map contingency plans to keep telehealth abortion after in-person mifepristone ruling

After the 5th Circuit reinstated a requirement that mifepristone be dispensed in person, abortion-rights advocates warned telehealth access could falter. While that concern persists, many providers say they’ve prepared contingency plans—relying on in-person dispensing options where possible and adapting telehealth protocols—to preserve access as legal battles continue.

SCOTUS faces a new mifepristone showdown as Fifth Circuit challenges loom
politics2 months ago

SCOTUS faces a new mifepristone showdown as Fifth Circuit challenges loom

Two pharma-backed cases—Danco Laboratories v. Louisiana and GenBioPro v. Louisiana—bring a new Supreme Court reckoning over mifepristone, the Fifth Circuit’s standing theory, and what relief a federal court may grant that could upend the FDA’s REMS and mail‑order access. The Court’s course may mirror its Alliance ruling, potentially preserving access while the policy framework evolves, but the decision remains uncertain amid abortion politics and jurisdiction questions.

politics2 months ago

Abortion-pill access in limbo as drugmakers seek Supreme Court relief

A Fifth Circuit ruling blocking telehealth prescriptions of mifepristone spurred Danco to file an emergency appeal with the Supreme Court, asking for a stay and for the high court to hear the case before summer recess; GenBioPro is expected to file its own appeal, and even a temporary disruption could affect roughly two-thirds of abortions and telehealth access for miscarriages and other uses.

5th Circuit blocks mail delivery of common abortion pill, forcing in-person distribution nationwide
politics2 months ago

5th Circuit blocks mail delivery of common abortion pill, forcing in-person distribution nationwide

A unanimous ruling by the 5th U.S. Circuit Court blocks mailing mifepristone prescriptions and requires in-person distribution at clinics, overruling FDA rules. The decision applies nationwide while the case continues and could be appealed to the Supreme Court, signaling a major shift in how telemedicine and out-of-state prescriptions for abortion pills are treated and prompting ongoing legal and political battles in states with shield laws.

Court Restores In-Person Rule for Abortion Pill Nationwide
politics2 months ago

Court Restores In-Person Rule for Abortion Pill Nationwide

A federal appeals court temporarily reinstated a nationwide in-person dispensing rule for the abortion pill, limiting telehealth access that had expanded after Dobbs. Louisiana had challenged the FDA’s rules, arguing the regulations allow out-of-state prescribers to bypass state bans. The Fifth Circuit’s decision marks a significant development in the ongoing legal fight over mifepristone access and safety amid the broader abortion rights debate.

Fifth Circuit Keeps Texas Ten Commandments Posters in Classrooms
us-news2 months ago

Fifth Circuit Keeps Texas Ten Commandments Posters in Classrooms

The U.S. Court of Appeals for the Fifth Circuit narrowly upheld Texas’s 2025 law requiring public schools to display Ten Commandments posters in classrooms, ruling the measure does not violate the First Amendment or parents’ rights, a decision that reverses lower-court blocks and could be appealed to the Supreme Court.

Reconstruction-era home-distilling ban struck down by 5th Circuit
law3 months ago

Reconstruction-era home-distilling ban struck down by 5th Circuit

A U.S. appeals court in New Orleans (the 5th Circuit) ruled that the Reconstruction-era federal ban on home distilling is unconstitutional, saying Congress cannot criminalize in-home activities merely to collect taxes and that the ban actually reduced tax revenue by curbing distilling. The decision affirms a 2024 lower-court ruling and was praised as a victory for individual liberty by the Hobby Distillers Association, while the Justice Department did not immediately comment.

Louisiana Ten Commandments Display Law Advances in 5th Circuit, Constitutional Questions Remain
law4 months ago

Louisiana Ten Commandments Display Law Advances in 5th Circuit, Constitutional Questions Remain

The full 5th U.S. Circuit Court of Appeals vacated a lower court’s injunction blocking Louisiana HB 71, allowing the state law requiring Ten Commandments displays in every public classroom to proceed. The court said it is premature to decide whether the displays would violate the Establishment Clause, noting the record lacks concrete facts to assess constitutionality. The decision covers only Louisiana, with related consideration of a Texas case ongoing; the plaintiffs (led by the ACLU and allied groups) will continue challenging the law as the litigation moves forward.

From 40,000 to 70,000: U.S. Expands Immigrant Detention Under Trump Policy
politics5 months ago

From 40,000 to 70,000: U.S. Expands Immigrant Detention Under Trump Policy

Two conservative Fifth Circuit judges approved the Trump administration’s mass-detention policy, enabling detention without bond for large numbers of noncitizens. The policy coincides with a surge to about 70,000 detainees across 224 facilities (including children) and a push to expand detention through private contractors and planned mega-centers. The piece collates reporting on legal challenges, deteriorating detainee medical care after ICE halted payments, and scrutiny of detention facilities, while noting local opposition and warnings from history about state-run camps.