#FifthCircuit

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

“'The ruling is nonsensical and wrong, but it is also particularly horrifying in this moment. The consequences are all the more alarming, building, as it would, on the Supreme Court’s shadow docket order that unleashed Kavanaugh stops, ultimately, across the nation,' Chris Geidner wrote in reaction to the ruling."

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/18

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"Federal judges around the country — faced with a resultant wave of habeas petitions — have widely rejected the Trump administration’s interpretation of the law. The 5th Circuit accepted the administration’s new interpretation & its decision applies within Texas, Louisiana, and Mississippi to 'every undocumented immigrant who originally entered across the border, no matter how many decades in the past,' notes one expert."

#Trump #DHS #ICE #immigrants #deportation #warehouses #FifthCircuit
/17

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"The big weekend news came late Friday when a three-judge panel of the 5th Circuit Court of Appeals upheld a key element of the Trump administration’s policy of mass detention of migrants. …

Despite 30 years of government practice, [the Trump regime] re-interpreted a 1996 law to allow it to detain migrants anywhere in the country without a bond hearing."

~ David Kurtz

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/16

morningmemo.talkingpointsmemo.

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"The Fifth Circuit has ruled against 30 years of precedent in favor of indefinite ICE detention, which more than 360 other judges have already rejected. And not just at the border, everywhere. Maybe SCOTUS will step in? Sad laugh."

~ Marcy Wheeler

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/12

wonkette.com/p/bloody-footprin

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"A decision by a three-judge panel of the Fifth Circuit Court of Appeals endorsed Trump’s dystopian contention that any immigrant subject to deportation must be held without bond until final disposition of their case. The decision was a surprise outcome that flies in the face of hundreds of contrary holdings over three decades."

~ Robert B. Hubbell

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/11

roberthubbell.substack.com/p/f

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

(continued from /5)

Think again. I grew up in the household of a lawyer who ran for a judge's seat twice. I learned bitter lessons early in life about how absolutely not blind justice is in the US when money is waved under Lady Justice's blindfold.

Follow the money … right to the judge's seat and the courtroom.

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/6

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

As you think about judges (in this case, in the right-wing Fifth Circuit) getting on board with this program of ethnic cleansing and mass detention (see /1-4 above), think about all the money flowing around behind the scenes to purchase and fit out those warehouses as huge prisons. Think judges aren't swayed by money?

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/5

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"One of the three warehouses identified in the report as already having been purchased is in San Antonio, Texas — within the Fifth Circuit. It is 'nearly 640,000 square feet,' and a local NBC report from Jaie Avila stated that the warehouse 'will be turned into a 1,500 bed ICE detention center.'"

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/4

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"The proposed centers are so large that some could house as many as 8,000 detainees at once, according to a DHS spreadsheet of more than 20 potential locations that was verified by NBC News. The largest federal prison in the U.S., for example, has roughly 4,000 inmates."

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/3

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"Judge Edith Jones, a Reagan appointee, was joined by Judge Kyle Duncan, a Trump appointee.

As NBC News reported on February 5, the Department of Homeland Security is purchasing 'mega warehouses' across the country. The report, from Laura Strickler and Julia Ainsley, detailed:"

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/2

William Lindsey :toad:wdlindsy@toad.social
2026-02-09

"The U.S. Court of Appeals for the Fifth Circuit released a hastily decided ruling on Friday night, obliterating a key understanding of federal immigration law just three days after arguments in the case and giving the Trump administration a powerful tool — for now — to enact mass detentions as part of its mass-deportation program."

~ Chris Geidner

#Trump #DHS #ICE #immigrants #deportation #detention #warehouses #FifthCircuit #EthnicCleansing
/1

lawdork.com/p/fifth-circuit-im

2026-02-07

“The #FifthCircuit isn’t just the most right-leaning appeals court in the country; the government drew on this panel two of that right-leaning court’s most right-leaning judges. It’s hard to imagine they’re going to get the last word,” he said.

Though other appeals courts around the #US are still examining the policy, the 5th Circuit’s ruling tees up a likely showdown over it at #SCOTUS.

#Trump #law #HabeasCorpus #CivilRights #immigration #fascism #tyranny

2026-02-07

“There’s a reason why, across more than three thousand cases in dozens of federal district courts, the #Trump administration decided to have its first appeal of a loss on this issue go to the #FifthCircuit,” said Steve Vladeck, #SCOTUS analyst & professor at Georgetown University Law Center, who has previously written about the legal dispute in these cases.

#law #HabeasCorpus #CivilRights #immigration #fascism #tyranny

2025-09-01

Today, we commemorate Labor Day with a post about a case in which the Fifth Circuit moves to cripple organized labor by declaring the National Labor Relations Board unconstitutional.

#law #contracts #NLRB #FifthCircuit
#Unions #Labor #Litigation #UnitaryExecutive

lawprofessors.typepad.com/cont

President Franklin Delano Roosevelt signs the Wagner Act, which created the NLRB, into law.
The USA Potatousa@murica.website
2025-08-21

Court Rules With SpaceX in Case Seeking to Gut NLRB, in Blow to Workers’ Rights

“This disastrous decision cannot stand,” said Sen. Bernie Sanders.

murica.website/2025/08/court-r

Jonathan Kamens 86 47jik@federate.social
2025-05-30

The #fascist #FifthCircuit has issued yet another terrible decision: they say books in public libraries are "government speech," and the government can ban books from libraries on a whim, with no constitutional scrutiny and no recourse for the public.
The current Supreme Court obviously isn't going to overrule this decision.
This is nothing less than outright government #censorship and #authoritarianism.
There's no recovering from this any time soon.
#politics #USPol
action.everylibrary.org/govern

2025-05-16

#SCOTUS also rebukes Judge Hendrix in the Western District of #Texas & the ultra-conservative #FifthCircuit for refusing to act on the #ACLU's emergency request, emphasizing that the facts on the ground showed that planes were set to take off — thus making Judge Hendrix' failure to act an appealable order.

#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

The Fifth Circuit erred in dismissing the detainees’ appeal for lack of jurisdiction. Appellate courts have jurisdiction to review interlocutory orders that have “the practical effect of refusing an injunction.” Carson v. American Brands, Inc., 450 U. S. 79, 84 (1981). A district court’s inaction in the face of extreme urgency and a high risk of “serious, perhaps irreparable,” consequences may have the effect of refusing an injunction. 16 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure §3924.1, pp. 174, 180−181 (3d ed. 2012) (quoting Baltimore Contractors, Inc. v. Bodinger, 348 U. S. 176, 181 (1955)). Here the District Court’s inaction—not for 42 minutes but for 14 hours and 28 minutes—had the practical effect of refusing an injunction to detainees facing an imminent threat of severe, irreparable harm. Accordingly, we vacate the judgment of the Court of Appeals
2025-04-19

When Judge Hendrix did not grant their request quickly — & later rejected it entirely — the #ACLU lawyers filed a similar request to the US Court of Appeals for the #FifthCircuit in New Orleans.

The lawyers then filed an emergency petition to #SCOTUS, asking the justices to step in & issue an immediate pause on any #deportations because many of the #Venezuelan men had “already been loaded on to buses, presumably headed to the airport.”

#law #Trump #immigration #AlienEnemiesAct

2025-04-08

“The only question is where that judicial review should occur.” So it opens the door to terrible #MatthewKacsmaryk and #FifthCircuit rulings, but does not wholly abdicate the rule of law.

Andrew Leaheyandrew@esq.social
2024-12-12

Biden admin's push for #SCOTUS to avoid climate cases, the #FifthCircuit striking Nasdaq's board diversity rules, and the DOJ's stance on TikTok's potential ban.

Also, this day in legal history - Joseph H. Rainey was sworn in as the first Black member of the U.S. House of Representatives.

#thisdayinlegalhistory #lawfedi

minimumcomp.com/p/legal-news-f

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