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The Latest Breaking News from Third Circuit

Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights

Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes of nine of the fifteen judges. The challenger in this case pleaded guilty in 1995 to making a false statement to obtain food stamps; because this was in…

Reason

Appellate court revives suit from Temple professor falsely accused of spying for China

PHILADELPHIA — A federal appellate court has revived a lawsuit from a Temple University professor who sued the U.S. government six years ago after he was falsely accused of being an economic spy for China.

The Philadelphia Inquirer

Third Circuit Rejects Pacira Biosciences' Trade Libel Claim Over Article in Leading Medical Journal About EXPAREL

From Friday's Third Circuit decision in Pacira Biosciences, Inc. v. American Society of Anesthesiologists, Inc., written by Judge Patty Shwartz, joined by Judges Stephanos Bibas and Thomas Ambro: Pacira BioSciences, Inc. … sued the American Society of Anesthesiologists, Inc. …, the editor-in-chief of its medical journal, and the authors of…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

Reason

Appeals court says Philly mayor did not discriminate against Italian Americans by renaming Columbus Day

PHILADELPHIA — A federal appeals court panel on Friday upheld a lower court decision to dismiss a lawsuit alleging that Mayor Jim Kenney discriminated against Italian Americans by renaming the city’s Columbus Day holiday to Indigenous Peoples’ Day.

The Philadelphia Inquirer

Short Circuit: A Roundup of Recent Federal Court Decisions

Sex trafficking, child-pornography solicitation, and FERC.

Reason

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Third Circuit Proposes Moving E-Filing Deadline to 5 pm Eastern

Federal Rule of Appellate Procedure 26(a) sets midnight as the deadline for electronic filings, but allows each circuit to change that deadline. Here's the Third Circuit's proposed change, for which comments are due Feb. 18: Documents received by the Clerk by 5:00 p.m. Eastern Time will be filed as of…

Reason

Third Circuit Will Consider En Banc Whether Nonviolent Felons Lose Second Amendment Rights

The panel opinion, which has now been vacated (as is always done when the court agrees to hear a case en banc) is here (Range v. Attorney General); here's a quick summary of the result of that panel opinion: Based on history and tradition, we conclude that "the people" constitutionally…

Reason

Union Station: Checking in on public-sector union cases appealed to the Supreme Court

Note: In observance of the Thanksgiving holiday, we will not be publishing Union Station on Nov. 25. The next edition of Union Station will arrive on Dec. 2.

Ballotpedia

Short Circuit: A Roundup of Recent Federal Court Decisions

Pit bull bans, community sensitivity, and criminal defamation.

Reason

Court Holds Parents Have Right to Opt Out of Gender Identity Teaching to First-Grade Children

In Tatel v. Mt. Lebanon Sch. Dist. (W.D. Pa.), decided yesterday, Judge Joy Flowers Conti concluded that the Third Circuit (the federal appellate court that covers Pennsylvania) recognizes some parental rights over the control of their children's education even in public schools: {[P]arents, not schools, have the primary responsibility to…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Hauling timber, planting drugs, and barring bologna.

Reason

Renaissance Faire King & Queen are Limited-Purpose Publick Figures

From Amor v. Conover, decided yesterday by Judge John Gallagher (E.D. Pa.): [Plaintiffs'] allegations arise following Defendant's participation in the Pittsburgh Renaissance Festival as a paying guest. Plaintiffs Dr. Amor and Ms. Amor are both performance directors at the Pittsburgh Renaissance Festival. In addition to his Renaissance Festival involvement, Plaintiff…

Reason

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Ballotpedia

Union Station: U.S. Supreme Court begins 2022-2023 term with seven petitions to review public-sector union cases

The Supreme Court’s next term will begin on Monday, Oct. 3. As of Sept. 29, appellants had filed seven petitions for writs of certiorari—requests for the Supreme Court to review a lower court’s ruling—in public-sector union cases we’re tracking. The Supreme Court began considering petitions for this term on Wednesday,…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Torture, restraint chairs, public cavity searches, and the secret to eternal youth.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason

Third Circuit Sends Down to District Court the Second Amendment Challenge to N.J.'s Ban on >10-Round Magazines

The appellate court would leave the matter for the district court to decide in the first instance, subject to appellate review; Judge Matey dissented, arguing that the appellate court should have considered the issue directly.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

The Independent UK

Samuel Alito: Who is the Supreme Court justice who wrote opinion overturning Roe v Wade?

Mr Alito is the author of the opinion that overturned the landmark Roe v Wade case

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

The Philadelphia Inquirer

Fights over Pa. election rules that seemed settled after 2020 have now come roaring back

PHILADELPHIA — Pennsylvania’s primary election and Senate race recount are over. But as the state heads into yet another high-profile and contentious November, elections officials and lawyers are warily acknowledging something:

Reason

No Medical-Marijuana Exception to Federal Pretrial Release Conditions Barring Violation of Federal Law

From U.S. v. Cannon, decided Wednesday by the Third Circuit (Judges Cheryl Krause, Luis Restrepo, and Brooks Smith): As a [statutorily required] condition of his bond, a Magistrate Judge ordered that Cameron Cannon {"must not violate federal, state, or local law while on release" [Condition 1]} …. That includes the…

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