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U.S. Fifth Circuit

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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5th Circuit Revives Trans Woman's Case Against Sheriffs Who Misgendered and Humiliated Her

By Laura Temme, Esq.

Valerie Jackson arrived at Dallas-Fort Worth Airport on November 4, 2016, ready to vacation with friends. According to Jackson, she had recently started carrying a gun in her purse because she was being stalked by a man who had assaulted or harassed at least two other women. She was arrested at the airport for attempting to bring the gun through security - which Jackson says only happened because she forgot the gun was in her bag.

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5th Circuit: Judge in Sex Discrimination Case Was Prejudiced From the Start

By Laura Temme, Esq.

The Fifth Circuit Court of Appeals has remanded and reassigned a professor's discrimination and retaliation cases against Sam Houston State University and the University of Houston-Downtown, finding that the district court judge failed to be fair and impartial. The judge, who is not named in the appeal, seemingly made up his mind about plaintiff Audrey Miller from the very beginning of her case.

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