Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi The Ninth Circuit invalidates the felon gun ban for non-violent offenses with no Founding-era analogues. Reason · May 21, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions River rides, purple robes, and aesthetic injuries. Reason · May 3, 2024
Ninth Circuit Puts An End to the Kids Climate Case A unanimous panel orders dismissal of Juliana v. United States, bringing this zombie litigation to a close. Reason · May 1, 2024
Judge Gibbons's Replacement By Her Former Clerk Would "Flip" The Sixth Circuit Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk. Reason · Apr 10, 2024
Second Amendment Roundup: A Double Shot of Oral Arguments “Large-capacity” magazines and semiautomatic rifles are “bearable arms” in common use, no different from the handguns in Heller, but will two en banc courts agree? Reason · Apr 4, 2024
Claim That University of Oregon Equity Blocked Twitter User for Tweeting "All Men Are Created Equal" Can Go Forward From Gilley v. Stabin, decided today by the Ninth Circuit, in an opinion by Judges Ryan Nelson and Daniel Collins: Using the University's @UOEquity Twitter account, tova stabin, then Communication Manager for the University's Division of Equity and Inclusion, tweeted a prompt purporting to show ways to respond to racist… Reason · Mar 8, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions The wheels of justice, the administration of justice, and a disparaging racehorse. Reason · Mar 1, 2024
Prof. Thomas Merrill on "Does Chevron Mandate Brand X?" I'm delighted to pass along this item from Prof. Thomas Merrill (Columbia), whom readers might remember as a guest-blogger from a couple of years ago, and who is the author of The Chevron Doctrine: Its Rise, and Fall, and the Future of the Administrative State (2022): In Loper Bright Enterprises… Reason · Feb 22, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Citizen Trump, political chalking, and rough business. Reason · Feb 9, 2024
Microsoft claims Activision was already planning ‘significant’ layoffs before its acquisition, ‘consistent with broader trends in the gaming industry’ Microsoft has stated that Activision was already planning layoffs before its merger. TechRadar · Feb 9, 2024
DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it. Reason · Feb 6, 2024
Justice Department to Seek Mandamus to End Juliana Litigation (Again) Will Judge Aiken finally accede to the law and allow this particular climate case to end? Reason · Jan 29, 2024
Short Circuit: A Roundup of Recent Federal Court Decisions Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community. Reason · Jan 26, 2024
Appeals Court: FBI's Safe-Deposit Box Seizures Violated Fourth Amendment Cases like this are exactly why the Fourth Amendment was adopted in the first place, wrote federal Judge Milan D. Smith Jr. Reason · Jan 23, 2024
Reason · Jan 19, 2024 Short Circuit: A Roundup of Recent Federal Court Decisions Instagram foxes, kosher Pickles, and maritime riches.
Reason · Jan 15, 2024 "Most Litigants Would Prefer Not to Have Their Medical Problems Published in the Public Records" But that’s not adequate reason to allow them to litigate pseudonymously, a district court rules.
Ballotpedia · Jan 8, 2024 Robe & Gavel: SCOTUS begins first week of January 2024 sitting Welcome to the Jan. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
Reason · Jan 2, 2024 Federal Court Again Refuses to Dismiss Juliana Climate Case Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
Reason · Dec 21, 2023 Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations, the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
Fortune · Dec 13, 2023 The FTC should embrace proactive problem-solving The legal precedent would strongly discourage companies from trying to solve perceived problems with proposed transactions.
Reason · Oct 23, 2023 Do Religious Schools Have a Right to Exemption from State's Pronoun Policies? From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…
Reason · Oct 14, 2023 Is the Fifth Circuit Becoming the New Ninth? The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Reason · Oct 13, 2023 Short Circuit: A Roundup of Recent Federal Court Decisions SWAT takings, retaliatory liens, and a Spam confiscation.
Reason · Oct 12, 2023 Taxes on Wealth and on Unrealized Capital Gains Are Unconstitutional Moore v. United States: The big tax case before SCOTUS this year.
The Independent UK · Sep 20, 2023 Why California cities are suing themselves over homeless encampments San Francisco and Sacramento are locked in lawsuits over encampents, as the US Supreme Court weighs changing a major precedent, Josh Marcus reports