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FORGOTTEN HISTORY: 3 | History Defined

Urinalysis Requirement for Gun Carry Permit Likely Unconstitutional

So held Nassau County (N.Y.) trial judge James P. McCormack last week in In the Matter of Kamenshchik, applying the Second Circuit's recent decision in Antonyuk v. Chiumento. Antonyuk held (among other things) that "requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.

Reason

Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court

"Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."

Reason

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Second Amendment Roundup: Second Circuit Opines on New York's Gun Restrictions

Some provisions remain enjoined, but the decision on “sensitive places” is problematic.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Gag orders, sleeper berths, and a prosecutor's "dodgy side hustle."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Voting districts, work uniforms, and hunter harassment.

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

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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

Short Circuit: A Roundup of Recent Federal Court Decisions

Music theory, cell phone seizures, and gratuitous strip searches.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

Second Circuit Cites Scholarship in Both Majority and Dissenting Opinions of Farhane v. United States

My coauthored denaturalization scholarship makes appearances on both sides of the aisle

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Moot beaches, sparking the French Revolution, and cash-bail advocacy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Preliminary Injunction Against NJ Ban on Peaceable Carry

Today the U.S. District Court for New Jersey issued a very thorough 230-page preliminary injunction against much of the New Jersey legislature's Bruen response bill. As in the years after Brown v. Board of Education, some state legislatures under the sway of anti-civil rights lobbies have engaged in massive resistance…

Reason

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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

Do Court-Appointed Prosecutors Violate The Separation of Powers?

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

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.

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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

Short Circuit: A Roundup of Recent Federal Court Decisions

Speedy trials, political advertising, and horseracing.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flouncing, flaunting, flirting, flouting, foundering, and flounting.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boisterous school children, suspicious mispronunciations, and convicted misdemeanant Don Blankenship.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dam removal, malicious prosecution, and pre-trial diversion.

Reason

Court Blocks N.Y. Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)

From Volokh v. James, decided today by Judge Andrew L. Carter, Jr. (S.D.N.Y.): "Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chastising finger wags, derogatory reports, and steel threats.

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