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14 Jun 2024, 12:30 pm by John Ross
Muskogee County, Okla. employee claims he is fired in retaliation for his perceived speech about some matters of public concern and that he did not actually say the things he was fired for. [read post]
30 Oct 2020, 12:30 pm by John Ross
Concurrence: I disagree with all of the legal reasoning the majority employs, but it doesn't matter because Qualified Immunity. [read post]
6 Dec 2019, 12:30 pm by John Ross
Dissent: But the plaintiffs argue the policies are unconstitutional no matter how they're applied. [read post]
10 Jan 2020, 12:30 pm by John Ross
Sixth Circuit: This plan was malicious as a matter of law. [read post]
10 Jul 2020, 12:30 pm by John Ross
" According to the relevant case law, the CIA need not confirm or deny the existence of records about its covert activities if the very acknowledgment that they exist would shed light on sensitive national security matters. [read post]
7 Oct 2022, 12:30 pm by John Ross
Concurrence: We shouldn't defer, but it doesn't matter, because there was no prejudice. [read post]
13 Jan 2023, 12:30 pm by John Ross
Mandatory, warrantless inspections of rental properties are wildly invasive and ripe for abuse, no matter officials' purported intentions. [read post]
10 Jun 2022, 12:30 pm by John Ross
And three of us say yes, but the agents can't be expected to have known that (and no matter that the gov't didn't initially raise its good-faith argument below). [read post]
8 Jan 2021, 12:30 pm by John Ross
When the Shawnee Tribe sued to challenge the methodology used by the Treasury Secretary to distribute coronavirus relief funds to state and tribal governments, the district court dismissed on the ground that the distribution of funds was a matter of agency discretion and thus not reviewable in court. [read post]
12 Feb 2021, 12:30 pm by John Ross
Last year, the Fifth Circuit ruled that José's suit could not proceed because the Constitution provides José no remedy against federal officers no matter how badly or maliciously they behave. [read post]
16 Aug 2019, 1:00 pm by John Ross
District Court: Doesn't matter because he didn't exhaust his administrative remedies. [read post]
2 Jun 2023, 12:30 pm by John Ross
Concurrence: Well, we've held that this sort of release from liability is fine, but pointing to anything in the Bankruptcy Code that authorizes it is another matter. [read post]
1 Dec 2023, 12:30 pm by John Ross
This is hardly surprising given that the panel in this latest case said the precedent was "wrong as a matter of law. [read post]
21 Jun 2024, 1:00 pm by John Ross
Dissent: It's not clear that all discrimination against transgender people is sex discrimination, but it doesn't really matter because, yeah, it fails rational-basis scrutiny. [read post]
10 Sep 2021, 12:30 pm by John Ross
Feds: No matter, we also stripped him of his citizenship because he lied on his immigration papers. [read post]
24 Dec 2021, 12:30 pm by John Ross
"The Board apparently believes—incorrectly—that it can say the magic words 'traffic and safety' and this Court will rubber stamp the classification no matter the facts," wrote U.S. [read post]
26 Mar 2021, 12:30 pm by John Ross
Dissent: Doesn't matter that the law is criminal, we still owe deference. [read post]
5 Apr 2024, 12:30 pm by John Ross
And in amicus brief news, IJ is asking the Third Circuit to take the Supreme Court at its word when it says things like "expert advice is fully protected speech" and "laws that regulate speech based on its subject matter are content-based and subject to strict scrutiny. [read post]