From today's order granting rehearing en banc in Hussey v. City of Cambridge: The majority panel opinion relied on First Circuit precedent for the proposition that "speech commenting on public 'issues in a…
Back in December, the U.S. Court of Appeals for the Third Circuit affirmed a district court order concluding that Alina Habba was not lawfully acting as the U.S. Attorney for the District of New Jersey. Yesterday, the Third…
From the opinion by Judges Bobby Shepherd and David Stras in Tincher v. Noem: The district court entered a preliminary injunction with respect to federal immigration-enforcement operations in Minnesota. The injunction is…
There are multiple lawsuits ongoing involving the Trump administration's immigration enforcement efforts in Minnesota (Operation Metro Surge), but the 8th Circuit Court of Appeals just pressed pause on one of…
Today the Court summarily reversed the Fourth Circuit in Klein v. Martin, an AEDPA case. As Jon Adler noted, the Fourth Circuit may be the new Ninth Circuit for habeas. But the vote here was not unanimous. Justice Jackson…
A short excerpt from the Ninth Circuit's order yesterday in Mirabelli v. Bonta (Chief Judge Mary Murguia, joined by Judges Andrew Hurwitz and Salvador Mendoza): Plaintiff-Appellees are four parents and four Escondido…
Under the Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen, a law that restricts conduct covered by the "plain text" of the Second Amendment is constitutional only if the…
Thanks to Oleg Volk for permission to use this image. A short excerpt from today's very long opinion in Baird v. Bonta by Judge Lawrence VanDyke, joined by Judge Kenneth Lee: This case arises out of Appellant Mark…
As judicial smackdowns go, I have to confess this one is fairly mild in terms of its tone, but the fact that it comes compliments of three Biden-appointed judges should tell you something: Late Friday afternoon, the…
The Trump administration scored a solid win on Friday with an appellate court ruling in Harris v. Bessent and Wilcox v. Trump (combined on appeal).Among the multitude of cases filed against President Trump and/or his…
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