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U.S. Fifth Circuit

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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Lawsuit Claims Organization Took Millions to Litigate Election but Didn't Follow Through

By Joseph Fawbush, Esq.

According to a complaint filed in U.S. District Court for the Southern District of Texas, True the Vote, Inc., a pro-Trump 501(c)(3) organization, took several million dollars from a donor to contest the election in its "Validate the Vote 2020" program. As designed, the program would fund litigation, conduct marketing efforts, and solicit whistleblowers. The organization subsequently filed four lawsuits in key battleground states.

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5th Circuit Upholds Texas Policy of Limiting Ballot Drop Boxes to One Per County

By Laura Temme, Esq.

Earlier this week, the 5th Circuit Court of Appeals upheld a policy from the Texas Governor's Office limiting the number of places residents can drop off their ballots for the 2020 Election. Governor Greg Abbott issued the order limiting counties to one ballot drop-off site each at the beginning of the month.

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Fifth Circuit: Male-Only Draft Is Constitutional Until SCOTUS Says Otherwise

By Joseph Fawbush, Esq.

Congress passed the Military Selective Service Act during World War I, which requires men between the ages of 18 and 26 to register for military service in the event of a draft. In 1980, President Jimmy Carter recommended to Congress that the Act be extended to women, who had begun to serve in non-combat roles. Congress declined to do so. In 1981, the U.S. Supreme Court held in Rostker v.

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