The 5th Circuit's Political 'Jawboning' Matches That of the Supreme Court

The 5th Circuit's recent outrageous decisions highlight the judiciary's broader credibility crisis and raise questions about the motivations of its judges. Legal analyst Steve Vladeck summarizes the circuit's history of problematic rulings, including cases on abortion drugs and social media censorship, that have reached the Supreme Court amid bipartisan criticism of the judiciary's politicization.

The 5th Circuit's openness to legal nuttery, right-wing interest groups seeking extreme MAGA rulings, and lack of accountability underscore the importance of the upcoming presidential election. Another four years of Biden appointees would help stem the erosion of the courts' integrity, while another Trump appointment would further undermine the judiciary's independence.

The 5th Circuit's decisions reflect a broader crisis of credibility in the federal courts, which has largely been attributed to the Supreme Court's sacrification of its credibility for partisan gain. The judiciary as a whole faces a tipping point, and the November elections will determine the future of an independent, respected judiciary.

Overall, the 5th Circuit's recent decisions and tendencies highlight the urgent need for judicial reform and accountability, as well as a reconsideration of the role of money and politics in the federal courts.

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