The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.
If the 5th U.S. Circuit Court of Appeals was a boxer, you’d bet on the other guy. The 5th Circuit, which hears appeals from Texas, Louisiana and Mississippi, had three rulings upheld by the U.S. Supreme Court, and eight overturned, more than any other court this term. The conservative circuit court saw its rulings on abortion medication, gun control, administrative power and social media moderation all rejected by the Supreme Court.
They filed the lawsuit in Monroe, La., a city of 47,000 people, where Trump-appointed Judge Terry Doughty hears most cases. Doughty ruled that the plaintiffs had standing, and the 5th Circuit agreed. Barrett, on behalf of the Supreme Court, did not. “This theory is startlingly broad, as it would grant all social-media users the right to sue over someone else’s censorship — at least so long as they claim an interest in that person’s speech,” Barrett wrote.
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