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The Latest Breaking News from the Second Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

A tardy oath, old-timey drunkards, and telling it man to [redacted] man.

Reason

Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction

A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."

Reason

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

A right to go down in flames, a machete confrontation, and a jury that only goes up to eleven.

Reason

Second Amendment Protects Public Housing Tenants

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

Reason

No Sanctions in Michael Cohen Hallucinated Citations Matter

From today's decision in U.S. v. Cohen by Judge Jesse Furman (S.D.N.Y.) (see also N.Y. Times [Benjamin Weiser]): In support of his motion [for early termination of supervised release], Schwartz [Cohen's lawyer] cited and described three "examples" of decisions granting early termination of supervised release that were allegedly affirmed by…

Reason

Does Anonymity Defeat Associational Standing?

The Second Circuit divides over whether an association must identify an injured member by name for the purposes of Article III. (Updated)

Reason

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Don't Give Me That ChatGPT-4 Nonsense, Judge Says

From Judge Paul Engelmayer's order Thursday in J.G. v. N.Y. City Dep't of Ed. (S.D.N.Y.), deciding on attorney fees to be awarded under the Individuals with Disabilities Education Act: The Cuddy Law Firm also states that its requested hourly rates are supported by feedback it received from the artificial intelligence…

Reason

William Barr Responds on American Petroleum Institute v. Minnesota

The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.

Reason

S. Ct. Will Hear NRA's Case Alleging That N.Y. Government Coerced Companies to Stop Doing Business with NRA

The controversy is similar to part of the controversy in Murthy v. Missouri (formerly Missouri v. Biden), which also involves allegations of government coercion aimed at interfering with speech.

Reason

Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies

"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."

Reason

Risk of Physical Harm to Woman Involved in Ghislaine Maxwell Litigation May Justify Sealing Her Identity,

holds the Second Circuit, though it leaves it to the trial court to consider the facts further.

Reason

Volunteer Yale Psych Prof's Nonrenewal for Publicly Diagnosing Trump & Dershowitz Doesn't Violate Conn. Law,

holds the Second Circuit.

Reason

George Santos's Bail Guarantors Must Be Disclosed—but the Order so Holding Is Sealed Pending Appeal

(The appeal is an appeal to the District Court, so it will likely be resolved fairly quickly.)

Reason

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Rep. George Santos's Bail Guarantors Are Being Kept Secret

The New York Times asked that their names, and information related to the bail hearing, be released.

Ballotpedia

Second Circuit weighs in on CFPB funding structure

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

S. Ct. Calls for Response in NRA v. Vullo

This is the case I wrote about in March, and again last week, when I noted the amicus briefs from state attorneys general, from the Foundation for Individual Rights and Expression, and from two financial and business law scholars. I also noted last week that the New York state government…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Butter or spray; liars and bad cops; and SecretAgentRandyBeans.

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Reason

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

Reason

Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)

The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.

Reason

Cert. Petition on the First Amendment and Coercive Government Threats in NRA v. Vullo

William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I filed a petition earlier this month asking the Supreme Court to review the Second Circuit decision in NRA v. Vullo; I think many of our readers will find it interesting (my apologies for the delay in…

Reason

N.Y. AG Appeals, to Defend Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)

Volokh v. James going to the Second Circuit.

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