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SHOCKING: 4 - What They Never Told You

Concern About Reputational Injury Can't Justify Pseudonymity in Litigation

From Doe v. Mid-American Apartment Communities, Inc., decided Wednesday by Magistrate Judge Christopher Ray (S.D. Ga.): The Court's prior Order explained that "[a]nonymous pleading is the exception to Federal Rule of Civil Procedure 10(a), which requires every party to be named in the complaint." It also explained that "[t]he ultimate…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalking tires, curbing meters, and secretly recording videos.

Reason

Ex-Congressman Alan Grayson Loses Libel Claim Before Eleventh Circuit

"The defendants' [reliance] on ... source materials, including an official congressional report, articles in well-known newspapers and magazines, and police reports ... '... alone ... defeat[s] any claim of actual malice.'"

Reason

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read the most diverse news in one place.

Justice Department Takes Aim at Judge Cannon

In its latest filing, the Department of Justice seeks to put an end to Judge Cannon's interference with the federal government's investigation documents kept at Mar-a-Lago.

Reason

Supreme Court Turns Away Trump Effort to Keep Government from Reviewing Documents Seized from Mar-a-Lago

An unsurprising development in the former President's latest legal doings.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pretextual stops, consular nonreviewability, COVID on cruise ships.

Reason

Appeals ruling a "bad sign" for Trump

An appeals court panel unanimously backed the DOJ's request to expedite special master challenge

Salon

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Special master rebukes Trump judge

Raymond Dearie called out Judge Aileen Cannon for hamstringing a key function of the job she assigned him to do

Salon

Short Circuit: A Roundup of Recent Federal Court Decisions

ATV noise, threat threats, and wasting judicial resources.

Reason

Eleventh Circuit Grants Stay of Trial Court Order Blocking Access to Mar-a-Lago Documents

An appellate panel thoroughly dismantles Judge Cannon's order blocking Department of Justice access to documents President Trump kept at Mar-a-Lago.

Reason

Checks and Balances: September 2022

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.

Ballotpedia

Why the Florida and Texas Social Media Laws Violate the Takings Clause

They mandate occupation of private property without the consent of the owner.

Reason

The Eleventh Circuit Reins in the National Injunction

Georgia v. President of the United States (August 26) is a major new case about national injunctions. Seven states brought a challenge to the vaccine mandate for federal contractors, and a trade association intervened (Associated Builders and Contractors). On the merits, the question was whether the contractor mandate went beyond…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Burning crosses, incurable violence, and filming in national parks.

Reason

Eleventh Circuit Finds FDA Treatment of Vaping Product Marketing Applications to be Arbitrary & Capricious

The likelihood that the Supreme Court considers the FDA's treatment of vaping products is increasing.

Reason

Government's Argument Against Unsealing Mar-A-Lago Search Warrant Affidavit

The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government says this has to remain secret, at least for now.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Eleventh Circuit Opinions on the First Amendment and Bans on "Conversion Therapy" for Minors

In November 2020, a 2-1 Eleventh Circuit panel decision in Otto v. City of Boca Raton concluded: Boca Raton and Palm Beach County prohibit therapists from engaging in counseling or any therapy with a goal of changing a minor's sexual orientation, reducing a minor's sexual or romantic attractions (at least…

Reason

New York v. United States and Nance v. Ward

Section 1983 should not be read to impose obligations on state legislatures to enact legislation.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rare gems, neutral judges, and a blindsided referee.

Reason

Qualifying Qualified Immunity: Toward a Reasonably Foreseeable Liability Test

This is the fifth and final post in a series on The Fair Notice Rationale for Qualified Immunity. Thanks so much to Eugene and the other conspirators for letting me post, and to you for reading to the bitter end! Yesterday I said that there are some cases where the…

Reason

No Pseudonymity in Challenge to Federal Vaccination Mandate

From Judge John Badalamenti (M.D. Fla.) today in Doe v. Austin: Plaintiffs in this case are thirty-nine individuals who are currently employed by federal executive agencies or federal contractors and have chosen to not receive a COVID-19 vaccination. Pursuant to Executive Orders 14042 and 14043 (the "Vaccination Mandates"), Plaintiffs are…

Reason

Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law

The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.

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