The 5th Circuit's Defiant Pattern of Overreach Undermines Federal Regulatory Authority
Source: Alexis Romero, Mark Joseph Stern. "Our most MAGA court created another mess for SCOTUS to clean up.." June 12, 2026. slate.com
The Gist
The authors argue that a conservative federal appeals court keeps making obviously wrong legal decisions that the Supreme Court has to fix. They claim this court is more interested in pushing a political agenda against government regulation than following the law properly.
Conclusion
The 5th Circuit Court of Appeals is deliberately defying Supreme Court guidance and creating legal chaos by repeatedly striking down valid federal regulations, particularly in the horse racing case, demonstrating a pattern of ideological overreach rather than legitimate constitutional interpretation
Premises
- The 5th Circuit has an exceptionally high reversal rate at the Supreme Court, being reversed in 10 of 13 cases last term and continuing this pattern
- The Supreme Court has twice signaled that federal horse racing regulations are constitutional, yet the 5th Circuit continues to strike them down
- The Supreme Court's Consumers' Research decision clearly established that Congress can delegate authority to private entities under federal agency oversight, which applies to the horse racing law
- Other circuit courts (6th and 8th Circuits) have correctly upheld the same horse racing regulations using proper legal reasoning
- The 5th Circuit's decision ignores clear Supreme Court precedent and creates regulatory uncertainty that harms the intended beneficiaries of federal law
- This pattern extends beyond horse racing to other areas where the 5th Circuit consistently opposes federal regulatory authority
Assumptions
- High reversal rates indicate judicial error rather than principled disagreement
- Supreme Court precedent should be followed by lower courts
- Regulatory stability and uniformity are important policy goals
- The 5th Circuit's motivations are primarily ideological rather than based on legitimate constitutional concerns
- Federal agencies should have the authority Congress grants them to regulate effectively