U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

July 2016 Archives

Mississippi's governor and its executive director of the state's Department of Human Services are asking the Fifth Circuit to stay a federal court's preliminary injunction against the state's Religious Liberty Accommodations Act, known as HB 1523. That law seeks to protect opponents of gay marriage in both public and private services, who take actions "based upon or in a manner consistent with a sincerely held religious belief or moral conviction."

Judge Carlton W. Reeves blocked the law just moments before it would have gone into effect on July 1st. "There are almost endless explanations for how HB 1523 condones discrimination against the LGBT community, but in its simplest terms it denies LGBT citizens equal protection under the law," Judge Reeves wrote. Afterword, the Mississippi attorney general refused to appeal that ruling. Now the governor and human services director are stepping into his place.

Texas Voter ID Law Deemed Unconstitutional by 5th Circuit

The Fifth Circuit has just ruled that a Texas law requiring persons to produce a government-issued ID before casting their ballots is discriminatory and is in violation of the Voting Rights Act, according to Reuters. What is most surprising is that this circuit court is generally known to be one of the most conservative in the nation.

The decision was lauded by U.S. Attorney General Loretta Lynch. "This decision affirms our position that Texas's highly restrictive voter ID law abridges the right to vote on account of race or color and orders appropriate relief before yet another election passes," she said.

5th Circuit: No Fundamental Right to Machine Guns Under 2nd Amendment

According to the Fifth Circuit, citizens do not have a fundamental right to own or possess machine guns under the Bill of Rights. It's a blow to Rambo and Commando fans nationwide.

The case of Hollis v. ATF might very well be the next case to draw a line in the sand after Heller with respect to Americans and their guns.