Alliance for Hippocratic Medicine on Remand—Still Struggling with Standing No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent. Reason · Sep 17, 2024
Judges' Boycott of Columbia in Clerk Hiring Is Permissible Under Judicial Ethics Rules (II) From an order by Eleventh Circuit Judge William Pryor, affirmed by the Eleventh Circuit Judicial Council Aug. 12 but apparently just recently made public (see also this similar Fifth Circuit decision): The Complaint stems from a letter from multiple federal judges, including the Subject Judges, addressed to the president of… Reason · Sep 17, 2024
Hall-of-Famer Brett Favre's Defamation Lawsuit Against Hall-of-Famer Shannon Sharpe Thrown Out From yesterday's Fifth Circuit decision in Favre v. Sharpe, by Judge Leslie Southwick, joined by Judge Kyle Duncan and Judge Jeremy Kernodle (E.D. Tex.): Brett Favre … was named three times as the NFL's Most Valuable Player, had a Super Bowl victory, and was selected for the NFL Hall of… Reason · Sep 17, 2024
Alliance for Hippocratic Medicine On Remand "But the Government switched positions before the Supreme Court." Reason · Sep 17, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Eleven-person juries, noncustodial plaintiffs, and abdicated responsibilities. Reason · Sep 13, 2024
Rahimi On Remand "We read the Court's analysis in Rahimi to have modified Bruen in at least one relevant respect." Reason · Sep 13, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Pizza wiretapping, free books, and a search during childbirth. Reason · Sep 6, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions A tardy oath, old-timey drunkards, and telling it man to [redacted] man. Reason · Aug 30, 2024
Fifth Circuit Won't Revisit Its Earlier Precedent Holding Illegal Aliens Lack Second Amendment Rights From yesterday's decision in U.S. v. Medina-Cantu, by Judge Carolyn Dineen King and Kurt Engelhardt: In U.S. v. Portillo-Munoz (5th Cir. 2011), this court held that 18 U.S.C. § 922(g)(5), which prohibits an illegal alien from possessing a firearm or ammunition, is constitutional under the Second Amendment. In the present… Reason · Aug 28, 2024
Second Amendment Roundup: 8th Circuit Rules in Favor of Pistol Brace Owners ATF shoots the side of a barn, draws a target around the bullet holes, and proclaims “bullseye!” Reason · Aug 26, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Nonaggressive dogs, tactical vests, and the entire internet. Reason · Aug 23, 2024
After millions lose access to internet subsidy, FCC moves to fill connectivity gaps The FCC voted in July to allow schools and libraries to use federal money to loan out WiFi hotspots to students and patrons The Independent UK · Aug 23, 2024
Interesting Stay Dispute in Seventh Circuit Minors'-Access-to-Porn Case From Free Speech Coalition, Inc. v. Rokita, decided Friday by Judges Frank Easterbrook and Amy St. Eve: Indiana seeks a stay of the preliminary injunction that a district court entered preventing the enforcement of Ind. Code § 24-4-23, which requires web sites to limit minors' access to certain sexual materials.… Reason · Aug 21, 2024
The ACLU's Response to My Post on the Fifth Circuit's Smith Ruling—And My Reply to the ACLU A debate on a very important Fourth Amendment ruling. Reason · Aug 16, 2024
Reason · Aug 13, 2024 No Pseudonymity for Hindu Plaintiffs Challenging Enforcement of California Caste Discrimination Ban From Hindu American Found. v. Kish, decided today by Judge Dale Drozd (E.D. Cal.): [P]laintiff HAF [and nine individual plaintiffs, including three Doe plaintiffs, seek] declaratory and injunctive relief against defendant Kevin Kish, in his official capacity as the director of the California Civil Rights Department …, for allegedly violating…
Reason · Aug 13, 2024 The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More An astonishing ruling, and one that creates splits on two differerent issues.
Reason · Aug 12, 2024 Judges' Boycott of Columbia in Clerk Hiring Is Permissible Under Judicial Ethics Rules From Fifth Circuit Chief Judge Priscilla Richman's June 24 opinion, which was affirmed earlier this month by an Appellate Review Panel of the Judicial Council for the Fifth Circuit (in an order signed by Judge Jennifer Elrod): Complainant, a state prisoner, has filed a complaint against a United States Circuit…
Reason · Aug 8, 2024 Judge Ezra's Worrying Behavior in the Buoy Case Judge Ezra boasted about knowing the judges on the Fifth Circuit, being sworn into the Texas Bar by the Chief Judge's husband, and threatened to have the Deputy Solicitor General's lawyer removed from the courtroom.
Reason · Aug 2, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Heated depositions, wellness checks, and strip searches.
Reason · Jul 31, 2024 En Banc Fifth Circuit Rules for Texas in Water Buoy Case, but Doesn't Resolve Issue of Whether Illegal Migration Qualifies as "Invasion" The invasion argument is still being litigated in another case.
Reason · Jul 31, 2024 Biskupic Part III Confirms What We Already Knew: Justice Alito Lost Majority Opinions in NetChoice and Trevino. There is little here that can't be gleaned from the docket and the split opinions.
Latin Times · Jul 31, 2024 Texas officials celebrate as court allows floating river barrier to remain at the border Governor Greg Abbott said that justice was done and took a jab at President Joe Biden for attempting to have them removed
Reason · Jul 26, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Venue roulette, a sham affidavit, and uninspected bloomin’ onions.
Reason · Jul 22, 2024 Atlas Roofing Shrugged Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.
Reason · Jul 17, 2024 District Court Rejects Magistrate Judges' Gag Order on Publishing Name of Retroactively Pseudonymized Litigant "Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."