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Chris “Law Dork” Geidner Profile picture
@chrisgeidner
Apr 16 • 4 tweets • 2 min read • Read on X
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.

Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction. PUBLISHED ORDER Before Wiener, Willett, and Douglas, Circuit Judges. Per Curiam: The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified United States Court of Appeals Fifth Circuit FILED April 16, 2024 Lyle W. Cayce Clerk No. 23-50668 2 not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), on the Court’s own motion, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, an...
Surprising no one, Ho wrote to express his dissent. storage.courtlistener.com/recap/gov.usco…
Here's the panel's decision, which was unanimous and by Willett: storage.courtlistener.com/recap/gov.usco…
Here was my Law Dork report on the district court's decision: lawdork.com/p/trump-appoin…

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More from @chrisgeidner

Chris “Law Dork” Geidner Profile picture
Mar 4
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days. COURT ORDER granting a temporary administrative stay is granted. The Appellees’ request to stay the temporary administrative stay for seven days following the date hereof pending an application to the Supreme Court of the United States is granted. It is further ordered that this appeal is expedited to the next available Oral Argument Calendar.It is further ordered that Appellants’ opposed motion for a stay pending appeal is deferred to the oral argument merits panel thatreceives this case. [43] [24-50149] (CCR) [Entered: 03/02/2024 06:13 PM]
Here's my thread on the preliminary injunction ruling from Feb. 29:
Here are Steve's tweets on the Fifth Circuit's order:
Read 9 tweets
Chris “Law Dork” Geidner Profile picture
Jan 2
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com
Here's the opinion: storage.courtlistener.com/recap/gov.usco…
For background on this issue (while I'm reading and writing), here's some a post relating to the still-pending SCOTUS stay application filed by Idaho in the inverse EMTALA litigation, where DOJ sued Idaho: lawdork.com/i/139439910/th…
Read 4 tweets
Chris “Law Dork” Geidner Profile picture
Dec 28, 2023
"What do you want me to say about slavery?" should be the end of Nikki Haley's political career. Q: What was the cause of the United States Civil War? Haley: Well, don’t come with an easy question or anything. I mean, I think the cause of the Civil War was basically how government was going to run. The freedoms and what people could and couldn’t do. What do you think the cause of the Civil War was? Q: I’m not running for president. I wanted to hear you view on the cause of the Civil War. Haley: I mean, I think it always comes down to the role of government. We need to have capitalism, we need to have economic freedom, we need to make sure that we do all things so that individuals have ...
Video:
I'm an independent legal journalist, so subscribe to Law Dork — there are free and paid options! — to stay informed and support my work. lawdork.com
Read 4 tweets
Chris “Law Dork” Geidner Profile picture
Dec 11, 2023
BREAKING: Supreme Court will NOT hear case over Washington's conversion therapy ban, over the objection of Thomas, Alito, and Kavanaugh. Thomas and Alito write.
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Supreme Court also DENIES RFK Jr.'s request to intervene at SCOTUS in Murphy v. Missouri, the case over Biden administration social media influence out of the Fifth Circuit. Thomas notes his dissent. Image
Here is the full #SCOTUS orders list (the dissents are at the end): supremecourt.gov/orders/courtor…
Read 6 tweets
Chris “Law Dork” Geidner Profile picture
Oct 11, 2023
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.

tl;dr: The law remains wholly blocked.

Background at Law Dork: lawdork.com/p/florida-anti…
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Jordan and Rosenbaum, both Obama appointees, hold that the district court did not abuse its discretion in granting an injunction prohibiting all enforcement of the ban, given its underlying finding that the law is likely overbroad and this likely facially unconstitutional.
Brasher, a Trump appointee, dissents and would grant a partial stay, finding the injunction to be, itself, overly broad to achieving the goal of protecting the plaintiff’s rights.
Read 5 tweets
Chris “Law Dork” Geidner Profile picture
Oct 10, 2023
Oh my god, y'all. I wrote last night about how out of control the Fifth Circuit is — — but I had NO IDEA what was coming down the pike ...lawdork.com/p/the-supreme-…
Today, Judge Jerry E. Smith published a mock opinion as an attachment to a dissent in a death penalty case, writing that it's "the Fifth Circuit panel opinion that should have been issued." He literally published it, putting other judge's names on it! I am losing my mind here.
Jerry E. Smith, Circuit Judge, dissenting: The majority opinion is grave error. It succumbs to a vapid lastminute attempt to stay an execution that should have occurred decades ago. In the interest of time, instead of penning a long dissent pointing to the panel majority’s and district court’s myriad mistakes, I attach the Fifth Circuit panel opinion that should have been issued. I respectfully dissent
The first page of Judge Jerry E. Smith's fake opinion.
This is unreal shit, folks.

Here's the Fifth Circuit opinion and dissent and attachment: storage.courtlistener.com/recap/gov.usco…
Read 8 tweets

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