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The Latest Breaking News from Fourth Circuit

‘An affront to our democracy’: Retired judge who advised Pence will tell Jan 6 panel Trump’s plan was to ‘steal America’s democracy’

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

The Independent UK

Can a State-Funded Charter School Require Female Students to Wear Skirts?

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.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rubber stamps, pole cameras, and personal vendettas.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

Reason

Madison Cawthorn and the Mischief Rule

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…

Reason

Fourth Circuit Opinion on the Madison Cawthorn Disqualification Litigation

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…

Reason

Slurs Posted from High School Campus Can Be Punished Even If They Aren't "Disruptive" or "Fighting Words"

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

Reason

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Richmond's Limits on Ads on City Buses Struck Down as Unreasonably Vague

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…

Reason

Checks and Balances: Tennessee lawmakers end judicial deference

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.

Ballotpedia

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason

Text and History for Thee but Not for Me?

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

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighbors from hell, unvaccinated prison staff, and unconscionable sentences.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flea collars, bachelors, and data scraping.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Heat waves, raucous parties, and cemetery discretion.

Reason

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Reason

Fourth Circuit Stays Trial Court Ruling Against Racial Balancing Policy Discriminating Against Asian Applicants to Prominent Virginia Public School

The stay may signal that the federal appellate court will ultimately uphold the school's policy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Diet speech, judicial speech, and petition-related speech.

Reason

No Sealing of Letters of Support in Sentencing for Police Brutality

From U.S. v. George, decided Tuesday by Judge Kenneth Bell (W.D.N.C.); for more on the underlying case, see this Fourth Circuit decision: Whether arising under the First Amendment or the common law, the public's right to access judicial proceedings "may be abrogated only in unusual circumstances." Under the First Amendment…

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Reason

Judge Ketanji Brown Jackson's Second Circuit Court Opinion

Another appellate opinion from a leading contender to replace Justice Breyer on the Supreme Court

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Ketanji Brown Jackson

Kathryn Kimball Mizelle

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