The U.S. Court of Appeals for the Fifth Circuit’s win-loss record in cases reviewed by the U.S. Supreme Court is already in the red and it is only mid-October. The Supreme Court has vacated the Fifth Circuit opinion written by appellate Judge Edith Jones earlier this year that held that Laredo law enforcement officers who arrested a citizen-journalist in 2017 for asking for information deemed non-public cannot be sued for violating the First Amendment rights of the reporter because the officers have qualified immunity.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued late Friday blasted the federal trial judge overseeing the litigation over the allegedly disgraceful conditions of the Texas foster care system for telling lawyers for the state of Texas that “doesn’t hurt” for state officials to “go over and above the minimum standards for protecting Texas children. The federal appeals court panel said that U.S. District Judge Janis Jack has made courtroom remarks that “implied bias” that “raise serious questions concerning … the appearance of justice.”