Fifth Circuit

The AAUP has filed lawsuits against Texas A&M and Texas Tech, concerning questions of academic freedom. These suits could bring issues regarding academic freedom to the "unpredictable" Fifth Circuit. The article notes that the Fifth Circuit has not yet weighed in on this issue.

A Fifth Circuit panel is reviewing a challenge to the FCC's rural broadband subsidies, which could lead to billions in cuts to programs for schools, libraries, and health clinics. Petitioners argue the FCC violated the Supreme Court's recent interpretation of Section 254 of the Communications Act by continuing to fund programs that do not meet its criteria, specifically targeting the Connect America Fund Phase II and Rural Digital Opportunity Fund.

Texas is seeking to revive Senate Bill 2420, which requires parental consent for minors to download apps or make in-app purchases, arguing it protects children's data and privacy. Opponents, including tech groups and students, claim the law violates the First Amendment by restricting access to educational, news, and religious content. A federal judge blocked the law, citing potential unconstitutional restrictions on speech.

The Fifth Circuit is examining the timing of interventions in a case involving federal protections for the Lesser Prairie Chicken. The U.S. Fish and Wildlife Service removed protections for the species, leading environmental groups to challenge the decision in court, which denied their intervention attempts as untimely. The groups argue the process lacked transparency and threatens the bird's survival, with fewer than 5,000 remaining in New Mexico and Texas.

A coalition of multifaith groups plans to ask the Supreme Court to review Texas' law allowing Ten Commandments displays in public schools, arguing it violates the First Amendment's establishment clause. The case contrasts with a 1980 ruling (Stone v. Graham) that banned such displays, as the Fifth Circuit recently upheld Texas' law, citing the Supreme Court's 2022 Kennedy v. Bremerton decision that discarded the Lemon test. The dispute centers on originalist interpretations of the founders' views on church-state separation.

A federal judge dismissed a challenge to Arizona's Proposition 314, which criminalizes illegal entry as a state offense. The judge ruled the nonprofit Florence Immigration and Refugee Rights Program lacked standing to sue, stating its claims of increased operational costs were speculative and insufficient to block the law.

A Jewish man was denied a franchise by a Christian auto repair company, prompting him to argue in the Fifth Circuit that Section 1981 of the 1866 civil rights law prohibits religious discrimination in contract decisions. The company claims requiring franchisees to be Christian aligns with its identity, while the plaintiff's attorney contends the law should extend to protect Jewish individuals.

A Texas man challenges his conviction for murdering his ex-fiancée, arguing insufficient evidence links him to the crime. His defense highlights touch DNA on a condom as unreliable due to prior cohabitation and suggests another suspect, a former police detective with a history of misconduct, may be responsible.

The children of Melissa Perez, a 46-year-old woman shot and killed by San Antonio police during a schizophrenic episode, are appealing a lower court's dismissal of their civil rights lawsuit. The Fifth Circuit is reviewing whether the officers' use of force was reasonable, with body camera footage and the officers' decision-making under scrutiny.

Texas State Board of Education approved a K-12 reading list requiring Bible stories, voting 9-5 under a 2023 law. The list includes elementary-level stories like 'David and Goliath' and high school passages from the Bible, with opt-out provisions for parents. Critics argue the mandate violates religious freedom, while supporters claim it reflects the nation's religious traditions.

The Supreme Court ruled that a Rastafarian man cannot seek damages from Louisiana prison officials who shaved his dreadlocks, citing the Religious Land Use and Institutionalized Persons Act (RLUIPA). The decision, split along ideological lines, held that individual officers could not be liable for violating religious rights, as the prison—not the officials—accepted federal funds required to uphold RLUIPA protections.

The Supreme Court revived a personal injury lawsuit against Buddy Ayers Construction, ruling that a lower court erred in dismissing the case due to omissions in the plaintiff’s bankruptcy filings. Justice Ketanji Brown Jackson emphasized that judicial estoppel requires a case-by-case analysis rather than a rigid presumption of bad faith.

A court has reversed sanctions imposed on Southwest Airlines. The ruling references a prior decision by the Fifth Circuit in a related lawsuit from last year.