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The Latest Breaking News from Eleventh Circuit

Eleventh Circuit Finds FDA Treatment of Vaping Product Marketing Applications to be Arbitrary & Capricious

The likelihood that the Supreme Court considers the FDA's treatment of vaping products is increasing.

Reason

Government's Argument Against Unsealing Mar-A-Lago Search Warrant Affidavit

The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government says this has to remain secret, at least for now.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

So no one got qualified (or absolute) immunity this week. No kidding.

Reason

Eleventh Circuit Opinions on the First Amendment and Bans on "Conversion Therapy" for Minors

In November 2020, a 2-1 Eleventh Circuit panel decision in Otto v. City of Boca Raton concluded: Boca Raton and Palm Beach County prohibit therapists from engaging in counseling or any therapy with a goal of changing a minor's sexual orientation, reducing a minor's sexual or romantic attractions (at least…

Reason

New York v. United States and Nance v. Ward

Section 1983 should not be read to impose obligations on state legislatures to enact legislation.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rare gems, neutral judges, and a blindsided referee.

Reason

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Qualifying Qualified Immunity: Toward a Reasonably Foreseeable Liability Test

This is the fifth and final post in a series on The Fair Notice Rationale for Qualified Immunity. Thanks so much to Eugene and the other conspirators for letting me post, and to you for reading to the bitter end! Yesterday I said that there are some cases where the…

Reason

No Pseudonymity in Challenge to Federal Vaccination Mandate

From Judge John Badalamenti (M.D. Fla.) today in Doe v. Austin: Plaintiffs in this case are thirty-nine individuals who are currently employed by federal executive agencies or federal contractors and have chosen to not receive a COVID-19 vaccination. Pursuant to Executive Orders 14042 and 14043 (the "Vaccination Mandates"), Plaintiffs are…

Reason

Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law

The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

Reason

"Illegal Aliens" "May Be 'Disqualified from' Possessing Arms Without Violating the Second Amendment"

So the Eleventh Circuit held today in U.S. v. Jimenez-Shilon, in an opinion by Judge Kevin Newsom, joined by Judges Elizabeth Branch and Andrew Brasher; the opinion focused on Framing-era history, and concludes, [Under eighteenth-century law,] aliens could not surreptitiously enter a foreign nation in violation of the immigration prerogatives…

Reason

Eleventh Circuit Strikes Down Main Provisions of Florida Social Media Law

I'm still going through the decision, in Netchoice v. Attorney General, but I thought I'd note the result: The question at the core of this appeal is whether the Facebooks and Twitters of the world—indisputably "private actors" with First Amendment rights—are engaged in constitutionally protected expressive activity when they moderate…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

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Precedent Supporting Constitutionality of Florida Legislature's Dissolving Disney Special Government District

Reason

More on the Transportation Mask Mandate Litigation

Some implications of the government's decision not to seek a stay of the district court ruling. Plus, the low quality of the trial judge's opinion doesn't necessarily mean there are no good arguments against the mandate's legality.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flea collars, bachelors, and data scraping.

Reason

"Snowflakes All Around"?

From the Eleventh Circuit panel decision allowing a First Amendment claim based on Univ. of Central Florida's "bias-related incidents policy" to proceed: There is, we observe, a certain irony in the facts (1) that UCF created the JKRT [Just Knights Response Team] to address situations in which students felt intimidated…

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Challenge to Univ. of Central Florida's "Bias-Related Incidents" Policy Can Go Forward

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Eleventh Circuit Strikes Down Univ. of Central Florida's "Discriminatory Harassment" Speech Code

An excerpt from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story), which generally strikes me as quite right: [In] determining the propriety of preliminary injunctive relief[, we consider, among other things, whether…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Negligent investigation, racketeering, and gambling in Vegas.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Heat waves, raucous parties, and cemetery discretion.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Acts of state, hedonic damages, and bang-bang commands.

Reason

#MeToo/#TheyLied Settlements, Arbitration, and Rescission

Reiterman v. Abid, decided today by the Eleventh Circuit (in an opinion by Judge Gerald Bard Tjoflat, joined by Judges Elizabeth Branch and Britt Grant), involves a sexual assault allegation which led to a libel lawsuit, and which in turn led to a settlement agreement calling for arbitration. The question…

Reason

Licensing of Speaking Professions Doesn't Violate First Amendment

So holds the Eleventh Circuit, as to dieticians, viewing itself as bound by an earlier decision involving interior designers.

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