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U.S. Fifth Circuit

Fifth Circuit Cites Nondelegation Doctrine in Declaring Horseracing Regulation Body Unconstitutional

By Joseph Fawbush, Esq.

Horse racing has existed since before the U.S. federal government. But until 2020, the industry was largely regulated by state and local governmental bodies. The push for uniform regulations came after the public became aware of significant problems afflicting the sport, including the death of 30 racehorses in just one park in 2019 and numerous allegations of doping.

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DACA Hanging By a Thread After Fifth Circuit Ruling

By Laura Temme, Esq.

Those who qualify for protection from deportation under DACA (known as DREAMers) have been on uneven footing for years. And while the Biden administration made moves to codify the program, will that be enough to overcome the legal challenges DACA faces?

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Fifth Circuit Guts Securities Enforcement Based on Seventh Amendment Argument

By Laura Temme, Esq.

The U.S. Court of Appeals for the Fifth Circuit has bucked 88 years of precedent in holding that the Securities and Exchange Commission cannot use administrative law judges in securities fraud cases because it violates the Seventh Amendment right to a jury trial.

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Biden Administration Can Measure "Social Cost of Carbon" for Economically Significant Regulations

By Joseph Fawbush, Esq.

As you might expect, not every politician agrees with using SCC when determining the economic impact of new federal regulations. But it was still surprising when a federal district court in Louisiana held last summer that the Biden Administration violated the Administrative Procedure Act (APA) in reinstating the use of SCC analysis through an executive order, E.O. 14008.

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DOJ Accuses Texas of Discriminatory Gerrymandering

By Laura Temme, Esq.

The Department of Justice filed suit in Texas this week, saying the state's new voting district maps discriminate against Latino and Black voters.

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Judge Overturns Texas Ban on Mask Mandates for Schools

By Laura Temme, Esq.

Parents, school officials, and disability advocates have been fighting for months over how to best protect students from the spread of COVID-19. In May, Governor Greg Abbott issued an executive order prohibiting government entities, including Texas public schools, from requiring masks. Several other states followed suit. On Wednesday, November 10, U.S. District Judge Lee Yeakel ruled that Gov. Abbott's executive order violates Title II of the Americans with Disabilities Act (ADA).

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