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DARK SECRETS: 2 - The Real Truth

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

Reason

Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers

The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which…

Reason

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NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim

Readers of the blog may I recall that I was counsel of record for the NRA in the Supreme Court… The post NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim appeared first on Reason.com.

Reason

Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split

Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of… The post Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split appeared first on Reason.com.

Reason

So holds the Second Circuit, in a new decision.

Reason

Federal appeals court upholds New York's ban on guns in sensitive places

A federal appeals court in New York says a recent Supreme Court decision does not alter its conclusion that New York can enforce laws banning firearms in sensitive locations

The Independent UK

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Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Reason

Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits

New York City requires a showing of "good moral character" to be issued a rifle and shotgun permit. In Srour… The post Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits appeared first on Reason.com.

Reason

N.Y. Community Education Council Speech Restrictions Likely Violate First Amendment

"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A tardy oath, old-timey drunkards, and telling it man to [redacted] man.

Reason

Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction

A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."

Reason

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A right to go down in flames, a machete confrontation, and a jury that only goes up to eleven.

Reason

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Second Amendment Protects Public Housing Tenants

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

Reason

No Sanctions in Michael Cohen Hallucinated Citations Matter

From today's decision in U.S. v. Cohen by Judge Jesse Furman (S.D.N.Y.) (see also N.Y. Times [Benjamin Weiser]): In support of his motion [for early termination of supervised release], Schwartz [Cohen's lawyer] cited and described three "examples" of decisions granting early termination of supervised release that were allegedly affirmed by…

Reason

Does Anonymity Defeat Associational Standing?

The Second Circuit divides over whether an association must identify an injured member by name for the purposes of Article III. (Updated)

Reason

Don't Give Me That ChatGPT-4 Nonsense, Judge Says

From Judge Paul Engelmayer's order Thursday in J.G. v. N.Y. City Dep't of Ed. (S.D.N.Y.), deciding on attorney fees to be awarded under the Individuals with Disabilities Education Act: The Cuddy Law Firm also states that its requested hourly rates are supported by feedback it received from the artificial intelligence…

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Reason

William Barr Responds on American Petroleum Institute v. Minnesota

The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.

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

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

Risk of Physical Harm to Woman Involved in Ghislaine Maxwell Litigation May Justify Sealing Her Identity,

holds the Second Circuit, though it leaves it to the trial court to consider the facts further.

Reason

Volunteer Yale Psych Prof's Nonrenewal for Publicly Diagnosing Trump & Dershowitz Doesn't Violate Conn. Law,

holds the Second Circuit.

Reason

George Santos's Bail Guarantors Must Be Disclosed—but the Order so Holding Is Sealed Pending Appeal

(The appeal is an appeal to the District Court, so it will likely be resolved fairly quickly.)

Reason

Rep. George Santos's Bail Guarantors Are Being Kept Secret

The New York Times asked that their names, and information related to the bail hearing, be released.

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