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SHOCKING: 4 - What They Never Told You

Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Reason

Defendant's "Cyber Campaign" "Was Multi-Faceted, Intricate and Extensive, Sly, Anonymous, and Horrible"

A court grants summary judgment in a #TheyLied case, after the defendant had stopped defending it, concluding that "Ms. Abid's refusal to litigate is purposeful and consistent with her malign, manipulative character shown in this record."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wanted posters, vague and threatening letters, and dragging a 75-pound dummy.

Reason

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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

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

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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

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

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Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

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

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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.

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.

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Marjorie Taylor Greene

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