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The Latest Breaking News from Third Circuit

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,…

Reason

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

The Independent UK

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Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

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:

The Philadelphia Inquirer

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…

Reason

US Supreme Court won’t block a lower-court order to count undated Pa. mail ballots

The U.S. Supreme Court on Thursday lifted an order that had injected uncertainty into the debate over whether undated mail ballots should be counted in Pennsylvania elections.

The Philadelphia Inquirer

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Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

In move that could help Mehmet Oz, lawyers prepare to take fight over undated mail ballots to U.S. Supreme Court

PHILADELPHIA — In a move that could help Mehmet Oz in his fight to become the GOP Senatorial nominee in Pennsylvania, a Philadelphia lawyer is preparing to ask the U.S. Supreme Court to block a lower court decision over undated mail ballots — injecting further uncertainty after a ruling that…

The Philadelphia Inquirer

McCormick sues to have undated mail ballots counted as Senate race against Oz heads toward recount

PHILADELPHIA — With an all-but-certain recount looming in their primary contest, Republican Senate candidates Mehmet Oz and David McCormick have opened a new front in their battle over every ballot: the courts.

The Philadelphia Inquirer

The Oz and McCormick campaigns are already fighting over undated Pa. mail ballots as Senate primary recount looms

PHILADELPHIA — The legal fight for every single vote in Pennsylvania’s Republican Senate primary has begun.

The Philadelphia Inquirer

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason

Break a Leg in the Salt Mines: Federalist Publisher's Tweet About Unionization Was Joke, not Threat

From today's Third Circuit decision in Fdrlst Media, LLC v. NLRB, by Judge Thomas Hardiman, joined by Judge Anthony Scirica: The Employer [FDRLST] operates The Federalist, a right-leaning internet magazine that publishes commentary on cultural, political, and religious issues of current interest, including labor issues. In June 2019, the Employer…

Reason

"Kai the Hitchhiker" (and Convicted Murderer) Loses Libel Lawsuit on Personal Jurisdiction Grounds

From Judge Freda Wolfson's opinion Friday in McGillvary v. Grande (D.N.J.): Caleb McGillvary …, proceeding pro se, filed this suit against Todd Grande …, alleging that Defendant defamed Plaintiff in a YouTube video …. Plaintiff is an individual currently incarcerated [for first-degree murder] in Trenton, New Jersey. Plaintiff has provided…

Reason

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The Philadelphia Inquirer

Thirty years ago, the Supreme Court nearly struck down Roe v. Wade in a Pennsylvania case. The justices chose another way

PHILADELPHIA — It was months before a pivotal national election. A strong conservative majority had been cemented on the U.S. Supreme Court, and legislators in one state had passed a law restricting abortion access that they hoped, through the court challenges that followed, would become the vehicle for overturning Roe…

Reason

Court Strikes Down Pennsylvania Lawyer Speech Code

Today's decision in Judge Chad Kenney (E.D. Pa.) in Greenberg v. Goodrich holds unconstitutional the revised Pennsylvania Rule of Professional Conduct 8.4(g): It is professional misconduct for a lawyer to: … in the practice of law, knowingly engage in conduct constituting harassment or discrimination based upon race, sex, gender identity…

Reason

Taking Away Foster Parenting License Based on Religious Views About Homosexuality May Violate First Amendment

From Lasche v. N.J., decided yesterday by the Third Circuit, in an opinion by Judge Peter Phipps, joined by Judges Thomas Hardiman and Robert Cowen: Two foster parents with religious views against same-sex marriage and homosexual conduct had their foster child removed and their foster license suspended. The foster parents…

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