On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot

In M.D. v. Abbott, No. 19-41015 (5th Cir. Oct. 16, 2020), the Fifth Circuit – while recognizing “the good faith of the district judge in this case” – wrests control over a statewide injunction of Texas’s foster-care system. “Plaintiffs are a certified class of minor children in the permanent managing conservatorship (PMC) of the TexasContinue reading “On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot”

District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds

In American Council of the Blind v. Mnuchin, No. 19-5284 (D.C. Cir. Oct. 9, 2020), the D.C. Circuit holds that the nearly two-decade-old struggle to make our paper currency readable for the visually impaired must continue while the Treasury Department struggles to meet both accessibility and security goals. The plaintiff, in a 2002 lawsuit, challengedContinue reading “District Court Did Not Violate Mandate Rule by Taking Agency’s Resource Constraints into Account on Remand, D.C. Circuit Holds”