The Latest Breaking News from Fourth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason · Jul 22, 2022

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 · Jul 10, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason · Jun 17, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

Reason · May 27, 2022

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 · May 25, 2022

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 · May 24, 2022

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 · May 23, 2022

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 · May 20, 2022

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 · May 17, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason · May 13, 2022