…Stanford Law School prof Daphne Keller said the #5thCircuit’s ruling appeared to allow “a lot of normal communications as long as they are not threatening or taking over control of platforms’ #content decisions.”

“But it also says they can’t 'significantly encourage’ platforms to remove lawful content, so the real question is what that means,” she said.

#law #tech #SocialMedia #Ethics #CivicResponsibility #PublicHealth #Disinformation #misinformation #MediaLiteracy

The #5thCircuit ruling reversed #Doughty’s order specifically enjoining the actions of leaders at #DHS, #HHS & other agencies, saying many of those individuals “were permissibly exercising government speech.”

“That distinction is important because the state-action doctrine is vitally important to our Nation’s operation — by distinguishing between the state & the People, it promotes ‘a robust sphere of individual liberty,’” the 5th Circuit judges wrote.

The #5thCircuit panel also limited the govt institutions affected by its #ruling to the WH, the #SurgeonGeneral’s office, the #CDC & the #FBI. It removed restrictions #Doughty had imposed on the depts of State, DHS & HHS & on agencies including the U.S. #Census Bureau, the #NIAID, & the #CISA. The #5thCircuit found that those agencies had NOT coerced the #SocialMedia companies to #moderate their sites.

#AppealsCourt embraces #abortion-pill limits, sets up #SCOTUS review

A federal appeals court said Wed that it would restrict access to a widely used #abortion #medication after finding that the #federal govt did not follow the proper process when it loosened #regulations in 2016 to make the pill more easily available.

#FDA #mifepristone #medical #conservative #5thCircuit #AbortionRights #Health
https://www.washingtonpost.com/politics/2023/08/16/abortion-pill-mifepristone-court-ruling-appeal/

@staidwinnow @GottaLaff Wait so is this ruling from #SCOTUS or not? I didn't know that the #5thCircuit could overturn their rulings.

The future of the #Biden admin’s rules to ease the path to #StudentLoanForgiveness for people who were #defrauded #borrowers by their #college or whose schools abruptly close is in doubt.

On Mon, the U.S. Court of Appeals for the #5thCircuit issued an #injunction to prevent the govt from implementing #regulations that took effect last month.

https://www.washingtonpost.com/education/2023/08/07/student-loan-forgiveness-defrauded-borrowers-court-injunction/

The #5thCircuit next month will review the merits of the case brought by antiabortion groups against the #FDA’s regulation of #mifepristone — a review that will be conducted by a separate, & likely different, 3-judge panel than the one that made the initial ruling. That merits decision will almost surely be appealed to #SCOTUS no matter the outcome. But until then, the justices’ Fri order says… Mifepristone will be available under existing FDA regulations nationwide.

#AbortionRights

This is #JudicialActivism cloaked in compromise clothing, courtesy of 2 #Trump appointed judges, Kurt D. Engelhardt & Andrew Oldham. (A 3rd judge, George W. Bush appointee Catharina Haynes, would have kicked the can down the road.) It looks law-like only by comparison w/the shoddy work of US District Judge Matthew #Kacsmaryk.

#AbortionRights #5thCircuit #SCOTUS #DOJ #mifepristone

The bottom line — if the order stands, & I am hopeful that the #SupremeCourt will intervene (we’ll see)— is that #mifepristone will be available only through #7weeks of pregnancy, not the 10 weeks that the #FDA has said is #safe & #effective. Women won’t be able to obtain the medication through the mail, & will be able to get it only after in-person office visits — not 1 but 3. Only physicians will be allowed to dispense it.

#AbortionRights #5thCircuit #SCOTUS #DOJ

The #5thCircuit uncorks a travesty on #abortion pill case

Opinion by Ruth Marcus

Do not be confused by headlines that a federal appeals court has allowed the abortion drug #mifepristone to remain available. The US Court of Appeals for the 5th Circuit’s action is a defeat for the rule of #law, for #scientific expertise & for #ReproductiveHealth.

#JudicialActivism #AbortionRights #FDA
https://www.washingtonpost.com/opinions/2023/04/13/abortion-pill-mifepristone-fifth-circuit-decision/

The #5thCircuit fed #appeals court late Wed partially blocked a decision by a judge in #Texas to suspend US gov approval of a key #abortion medication but set significant #restrictions on the pill that could limit #access #nationwide.

The court’s order maintains #mifepristone’s availability for now, although it temp prevents the Rx from being sent to patients by mail & limits its approved use to the 1st #7weeks of pregnancy.

#SCOTUS
#AbortionRights
https://masto.ai/@Nonilex/110160191181341144

If appealed, it goes to the #5thCircuit, of which Ruth Marcus wrote,“the 5th Circuit…is staking out a claim to be the most dangerous —the least wedded to respecting #precedent or following an orderly #judicial process.
“The 5th is arguably the most #conservative among the country’s dozen appeals courts. It inclined in that direction even before…Trump managed to install 6 nominees
https://www.washingtonpost.com/opinions/2021/08/31/5th-circuit-is-staking-out-claim-be-americas-most-dangerous-court/

US Dist #JudgeKacsmaryk, a nom of…#Trump w/long-held #antiabortion views, agreed w/the #conservative grps seeking to reverse the #FDA’s approval of #mifepristone as safe & effective, incl’g in states where #AbortionRights are protected.
The Biden admin will probably #appeal to the #USCourtOfAppeals for the #5thCircuit, & the case could make its way to the #SupremeCourt.

#AbortionIsEssential #HumanRights #JudgeShopping #VenueShopping #FederalistSociety #RightWingExtremism #JudicialEthics #SCOTUS

Domestic violence cases in new terrain following gun rights expansion

#Law #LawFedi #DV #5thCircuit #Iowa

https://www.courthousenews.com/domestic-violence-cases-in-new-terrain-following-gun-rights-expansion/

That bad faith talk about "activist judges" back in the day comes to mind. This next level, and a genuine danger: an activist culture warrior judge.
https://www.vox.com/policy-and-politics/2023/1/25/23568436/trump-judge-matthew-kacsmaryk-press-freedom-antitrust-childrens-health-defense-washington-post
#Kacsmaryk #5thCircuit #disinformation

Sex-Based Scheduling Suit Sparks Review of Title VII Limitation:

Female officers will ask the full 5th Circuit Tuesday to reinstate a lawsuit accusing the Dallas County Sheriff’s Department of using an illegal gender-based scheduling policy that allows only their male colleagues to take full weekends off.

#EmploymentLaw #LawFedi #5thCircuit #GenderDiscrimination

https://news.bloomberglaw.com/business-and-practice/sex-based-scheduling-suit-sparks-review-of-title-vii-limitation

When your family is very large, the odds of having at least one complete weirdo are pretty large. #RFKJr #antivaxxer Actually, this lawsuit should be a shoot yourself in the foot. Having said that, it IS #Texas and it is the #5thCircuit. https://news.yahoo.com/robert-f-kennedy-jr-sues-184750342.html

#FirstAmendment #5thcircuit #journalism An interesting article from TX about an en banc review pitting journalism against qualified immunity @AriCohn

https://www.texastribune.org/2023/01/06/first-amendment-laredo-journalist/

Fifth Circuit in Cargill v Garland overturns Terminiello, rules that Constitution is in fact a suicide pact.
#USConstitution #5thCircuit #JudicialLawlessness #CargillvGarland #Terminiello #JusticeRobertJackson #sarcasm