The Fifth Circuit would like to run the United States

Key Points:

• The U.S. Court of Appeals for the Fifth Circuit issued a nationwide ban on mailing the abortion drug mifepristone during ongoing litigation, a move that immediately disrupted the post-Roe abortion landscape and prompted drugmakers to seek relief from the U.S. Supreme Court.
• The Fifth Circuit leveraged the Administrative Procedure Act to issue a nationwide injunction, a legal avenue still permitted for broad relief despite the Supreme Court's 2025 decision limiting universal injunctions, creating interim legal uncertainty across the country.
• The Department of Justice secretly filed a petition in the Northern District of Texas to enforce a subpoena against Rhode Island Hospital related to gender-affirming care for minors, which was granted by Judge Reed O’Connor without hospital input, raising concerns about jurisdiction and patient privacy.
• Following the Supreme Court’s Voting Rights Act decision, two separate three-judge panels in the Fifth Circuit are addressing Louisiana’s redistricting disputes, with ongoing litigation complicated by the state governor’s executive order suspending congressional primaries and multiple legal challenges.
• The Fifth Circuit and district courts within its jurisdiction are actively shaping legal precedents on contentious issues such as abortion access, transgender rights, and voting laws, creating significant interim legal instability while awaiting potential Supreme Court review.