The Latest Breaking News from Fourth Circuit

‘The treacherous plan was no less ambitious than to steal America’s democracy’

Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. The en banc Fourth Circuit says it is, so that a skirt requirement for girls is unlawful.

Rubber stamps, pole cameras, and personal vendettas.

Jury trials, bench trials, and prospective insurrections.

Eugene has a post on today's decision by the Fourth Circuit (per Judge Heytens) on Rep. Madison Cawthorn's challenge to the disqualification litigation. I wanted to highlight one point. After giving a close textual read to the 1872 Amnesty Act, and concluding that it does not provide a blanket future…

From Cawthorn v. Amalfi, decided today by the Fourth Circuit (Judge Toby Heytens, joined by Judge James Wynn): {In January 2022, shortly after the North Carolina state legislature redrew its congressional districts, a group of voters in Representative Madison Cawthorn's district filed such a challenge. According to the voters, Representative…

The result might have been different "if plaintiff's speech had occurred off-campus."

From White Coat Waste Project v. Greater Richmond Transit Co., decided today (quite correctly, I think) by the Fourth Circuit (Judge Julius Richardson, joined by Chief Judge Roger Gregory and Judge Paul Niemeyer): When White Coat Waste Project tried to run an advertisement denouncing animal experimentation with the Greater Richmond…

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Plasma, prisons, and political parties

The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.