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The Latest Breaking News from Fourth Circuit

The legal history of bans on firearms and Bowie knives before 1900

Bowie knives are back in constitutional law news these days, after a very long absence. The U.S. Supreme Court's Bruen decision instructs lower courts to look to U.S. legal history to see what sorts of restrictions on Second Amendment rights are consistent with the mainstream American legal tradition. According to…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wanted posters, vague and threatening letters, and dragging a 75-pound dummy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

ATV noise, threat threats, and wasting judicial resources.

Reason

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Union Station: Appellate courts issue rulings in three public-sector union lawsuits

Two three-judge appellate panels, one from the U.S. Court of Appeals for the Fourth Circuit and one from the U.S. Court of Appeals for the Ninth Circuit, issued rulings in three lawsuits involving public-sector union fees or dues in the past week.

Ballotpedia

First Amendment Limits on State Laws Targeting Election Misinformation, Part IV

First Amendment implications for state laws targeting election speech.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason

Fourth Circuit amicus brief on Maryland handgun licensing law

Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home

Reason

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Will Joe Manchin get his pipeline?

The agreement might not solve the Mountain Valley Pipeline’s biggest problem: compliance with environmental law

Salon

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Chief Judge Srinivasan's Cursory Emoluments Clauses Analysis

After four years of contested litigation, the D.C. Circuit cursorily resolves the meaning of the Emoluments Clauses without any acknowledgment of contrary positions.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

Reason

‘Pouring gasoline on the fire’: Trump knew election plot was illegal and egged on riot that threatened Mike Pence’s life, Jan 6 hearing reveals

New testimony reveals one of Mr Trump’s White House lawyers telling law professor John Eastman he was ‘out of his effing mind’ for suggesting that then-vice president Mike Pence unilaterally throw out electoral votes for Joe Biden

The Independent UK

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The Independent UK

‘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’

Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

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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

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…

Ballotpedia

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.

Reason

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.

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