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The Latest Breaking News from the Second Circuit

Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1)

If the decision doesn't go en banc, it may go to the Supreme Court, because the Second Circuit held the opposite (and there's thus a circuit split).

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Pill-pushing predictions, off-campus speech, and a crude insurrection.

Reason

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Second Amendment Roundup: Rug Pulled Out from under Antonyuk

Without a Founding-era analogue, late 19th century restrictions don’t count.

Reason

N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act"

From Nat'l Retail Fed'n v. James, decided yesterday by Judge Jed Rakoff (S.D.N.Y.): [T]he Algorithmic Pricing Disclosure Act … provides… The post N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act" appeared first on Reason.com.

Reason

Second Amendment Roundup: Antonyuk's and Koons' Historical Feet of Clay

The 2d and 3d Circuits mistook a widely-criticized, private publication for a Founding-era “law.”

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Doping horses, DEI trainings, and working on a Saturday

Reason

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Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Big game hunts, Victorian London, and those trendy Trader Joe’s bags.

Reason

Teacher Disciplined for Saying "Privilege" Training Involved "White-Bashing BS" Can Go Forward with First Amendment Claim

"[T]he only evidence of disruption pointed to by Defendants is the fact that a teacher felt uncomfortable at a session designed with the expectation that participants would feel uncomfortable."

Reason

The Troubling Case of Dowd v. United States

I haven't posted on the Volokh Conspiracy in over a decade, because SCOTUSBlog is a better vehicle for my usual… The post The Troubling Case of Dowd v. United States appeared first on Reason.com.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason

Second Amendment Roundup: 2d Circuit Upholds License Denials by N.Y. Judge

State Judges who deny gun licenses are held to enjoy absolute judicial immunity.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A sovereign See, a safehouse, and an infinite number of pronouns.

Reason

Second Amendment Roundup: The Facial vs. As-Applied Quagmire

Public park bans should be held susceptible to facial challenges.

Reason

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Latin Times

Trump's Final Appeal Denied in E. Jean Carroll Civil Rape Case: $5M Enforcement Begins

The full U.S. Court of Appeals for the Second Circuit rejected his final attempt to challenge a jury's finding that he sexually abused and defamed her. Donald Trump must now start payment of having his assets seized.

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

Reason

Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers

The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which…

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Reason

NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim

Readers of the blog may I recall that I was counsel of record for the NRA in the Supreme Court… The post NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim appeared first on Reason.com.

Reason

Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split

Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of… The post Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split appeared first on Reason.com.

Reason

So holds the Second Circuit, in a new decision.

The Independent UK

Federal appeals court upholds New York's ban on guns in sensitive places

A federal appeals court in New York says a recent Supreme Court decision does not alter its conclusion that New York can enforce laws banning firearms in sensitive locations

Reason

Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Reason

Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits

New York City requires a showing of "good moral character" to be issued a rifle and shotgun permit. In Srour… The post Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits appeared first on Reason.com.

Reason

N.Y. Community Education Council Speech Restrictions Likely Violate First Amendment

"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."

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