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1 May 2024, 8:43 am by Yuanchung Lee
First, although the Circuit generally declines to address an IAC claim raised for the first time on direct appeal, it will decide the issue when “the record is developed and the resolution of the claim is beyond doubt. [read post]
1 May 2024, 6:39 am by Amanda Pickens Nitto
On this question, Judge Bell recently observed: The Fourth Circuit has not decided the questions of whether Article III permits jurisdiction to be conferred on a federal court when an action is merely alleged to fall within CAFA jurisdiction, but has been held not actually to do so. [read post]
1 May 2024, 5:01 am by Eugene Volokh
., decided yesterday by Judge Mary Kay Vyskocil (S.D.N.Y.): Plaintiffs allege that for over two decades, the Federal Bureau of Investigation … allowed [Jeffrey] Epstein and others to sex traffic and sexually abuse children and young women by failing to investigate the reports, tips, and evidence it had of "rampant sexual abuse and sex trafficking by Epstein. [read post]
1 May 2024, 5:00 am by Eugene Volokh
No. 1, decided yesterday by the Tenth Circuit, in an opinion by Judge Joel Carson, joined by Judges Timothy Tymkovich and Scott Matheson: The First Amendment protects those who petition the government for redress of grievances, even though such speech may offend government officials or damage their public reputation. [read post]
30 Apr 2024, 9:30 pm by ernst
The Historical Society of the District of Columbia Circuit announces the next in its Judge Patricia M. [read post]
30 Apr 2024, 8:01 pm by Howard Friedman
  They cannot meet that heightened standard.Judge Richardson, joined by Judges Wilkinson, Niemeyer, and Quattlebaum, and joined in part by Judges Agee and Rushing, said in part:The Equal Protection Clause does not license judges to strike down any policy we disagree with. [read post]
Trump was previously issued a gag order in his federal election interference criminal case, which he unsuccessfully challenged before the US Court of Appeals for the DC Circuit. [read post]
30 Apr 2024, 12:25 pm by Lawrence Solum
Rahimi, a Second Amendment case before the Supreme Court this Term, in which the Fifth Circuit applied Bruen’s history and tradition analysis to hold that 18 U.S.C. [read post]
30 Apr 2024, 11:30 am
I've got no complaint with Judge Ikuta's opinion, which seems doctrinally correct. [read post]
30 Apr 2024, 11:19 am by Amy Howe
District Judge David Alan Ezra barred the state from enforcing the age-verification requirement, concluding that it likely violated the First Amendment. [read post]
30 Apr 2024, 9:50 am by Rick Hasen
The post Third Circuit, Over the Dissent of Four Judges, Won’t Take Up En Banc the Case Holding That It Doesn’t Violate the Materiality Provision of the Civil Rights Act to Not Count Timely But Undated Absentee Ballots in Pennsylvania (Corrected title) appeared first on Election Law Blog. [read post]
30 Apr 2024, 7:44 am by Seyfarth Shaw LLP
  Would such a decision from the Fifth Circuit create a circuit split with the Eighth, Ninth, and Eleventh Circuits? [read post]
30 Apr 2024, 6:06 am by David Oscar Markus
You'll recall we've had other 11th Circuit judges on the show before, including Chief Judge Pryor, Judge Rosenbaum, and Judge Abudu, as well as District Court Judges Charles Breyer, Jed Rakoff, and former Judge John Gleeson. [read post]
30 Apr 2024, 5:34 am by Joseph D. Kearney
That did not last, not I am sure because of any difficulty on the part of Irish brothers in getting along with one another, but because one of his brothers left in 1950 to become a circuit judge in Juneau County, where he served for the next 30 years. [read post]
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Court of Appeals for the Ninth Circuit (affirming the district court’s denial of a preliminary injunction), where a two-judge majority rejected a high school student’s argument that the First Amendment protected his right to wear to school a t-shirt with an anti-gay message. [read post]
29 Apr 2024, 2:51 pm by Howard Bashman
Circuit Judge James Ho, a member of the three-judge panel who asked the bulk of the questions, said he was ‘profoundly sympathetic’ to Morris’ free speech arguments. [read post]