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The Latest Breaking News from Sixth Circuit

Challenge to N.C. Statute That Bans Lies About Candidates

Grimmett, Ralston Lapp Guinn Media Group & Josh Stein for Attorney General Campaign v. Circosta (M.D.N.C.), filed yesterday, seeks to invalidate N.C. Gen. Stat. § 163-274(a)(9), which makes it a crime: For any person to publish or cause to be circulated derogatory reports with reference to any candidate in any…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

New SG Filing on "Universal Relief" Under the Administrative Procedure Act

The Solicitor General has filed an application for a stay with the U.S. Supreme Court. The requested stay would be of a judgment entered by the U.S. District Court for the Southern District of Texas, but the real showdown here is between the Fifth Circuit and the Sixth Circuit. Last…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

Judge Sutton Strikes Again on the National Injunction

Earlier this week, a panel of the Sixth Circuit Court of Appeals decided Arizona v. Biden. The context of the case is immigration law: three states (Arizona, Montana, and Ohio) had sued to obtain an injunction blocking the Department of Homeland Security from implementing a memorandum about enforcement priorities. The…

Reason

When Is Government Official's Blocking Commenter from Social Media Page "State Action"?

The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

The "Abandonment" Defense to Criminal Attempt, and the Person Who Was Planning to Kill Justice Kavanaugh

The plan to kill Justice Kavanaugh is horrible for many obvious reasons. But the one nonobvious question that might arise, and that I thought I'd address, is this—it appears that the would-be killer likely changed his mind, which is why he was arrested: On June 8, 2022, at approximately 1:05…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason

Sixth Circuit Concludes Challenge to Michigan Mask Mandate Is Moot

The en banc Sixth Circuit concludes that the lawsuit seeking an injunction against Michigan's mask mandate is now moot.

Reason

Plaintiffs Can't Challenge Supposed Disinformation by Government Agency, Unless It Affected Them Specially

From yesterday's opinion in Ohio Stands Up! v. U.S. Dep't of Health & Hum. Servs., decided today by the Sixth Circuit (Judge Alice Batchelder, joined by Judges Eric Clay and Joan Larsen): Kristen Beckman and Douglas Frank … alleged that … defendants knowingly and intentionally published misleading and fraudulent data…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

Reason

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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

Negligent investigation, racketeering, and gambling in Vegas.

Reason

Judge Sutton on National Injunctions

In Arizona v. Biden, a Sixth Circuit decision earlier this week, there's a concurrence by Judge Sutton regarding national injunctions (also called "nationwide injunctions" and "universal injunctions"). The concurrence begins on page 18 here, but it's so good, that I'm simply going to block quote the entire thing: SUTTON, Chief…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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Ballotpedia

Checks and Balances: Illinois Joint Committee on Administrative Rules blocks governor’s emergency rule

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

SCOTUS Allows State Attorney General to Intervene when Governor Stops Defending State Law

As Justice Breyer suggested last week, Kentucky Attorney General Daniel Cameron will be allowed to defend the state's controversial abortion law.

Reason

Appeals Court Rules Ohio Cops Didn't Have Cause To Arrest Man Wearing 'Fuck the Police' Shirt

The sheriff's deputies are also not entitled to qualified immunity because the First Amendment right to offend police has been repeatedly upheld.

Reason

No First Amendment Violation in Removal of Billboard After S.F. Mayor Had Criticized It

From Zhou v. Breed, decided Friday by the Ninth Circuit (Judges John Owens and Michelle Friedland, and visiting Sixth Circuit Judge Danny Boggs): Appellants allege that both [S.F. Mayor London] Breed and Clear Channel violated their First Amendment right to free speech. To the extent that Appellants argue that Breed,…

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