← Back to the Feed
Brief May 7, 2026 · 4:03 pm ET Source: NYT Politics

The Fifth Circuit Keeps Losing at the Supreme Court. That Is the Strategy.

The Fifth Circuit Court of Appeals has developed a documented reputation for issuing rulings that the Supreme Court reverses at an unusually high rate, with the court's abortion-pill litigation being the latest example of that pattern, according to reporting by The New York Times (May 7, 2026). The circuit covers Texas, Louisiana, and Mississippi — a jurisdiction that has become a preferred venue for conservative litigants precisely because of how reliably its judges rule.

This is not judicial error. It is judicial lobbying. Historically, lower courts have occasionally used high-reversal rates as a forcing mechanism — compelling the Supreme Court to either ratify an extreme position or explicitly overrule it, generating precedent either way. The Warren Court era saw Southern circuits use the same structural logic in reverse, slow-walking integration mandates until Congress or the Court was forced to act. The Fifth Circuit's modern posture is that tactic reborn, aimed at federal drug approval authority and reproductive rights simultaneously.

Source: NYT Politics · link SupremeCourtRuleofLawConstitution
Brief 9d ago

A Court Reminds the Executive That Congress Controls the Purse

Source: CBS News Politics ExecutiveAppropriationsRuleofLaw
Brief 22h ago

A $1.7 Billion Fund to Institutionalize the 'Weaponization' Claim

Source: Bloomberg Politics DOJExecutiveRuleofLaw
Brief 9d ago

A Judge Just Torched DOGE's AI Shortcut on Appropriated Funds

Source: Bloomberg Politics AppropriationsExecutiveConstitution