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The Latest Breaking News from the Fourth Circuit

Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All

[UPDATE: I note a contrary argument in an update at the end of this post.]

Reason

Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech

Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.

Reason

Divided Fourth Circuit Denies Partial Stay of Preliminary Injunction Against Executive Order Curtailing Birthright Citizenship

If nationwide injunctions were okay against other administrations, the Fourth Circuit see no reason they are not okay now.

Reason

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Invoking Scalia in the Sovereign District

Acting Deputy Attorney General Emil Bove instructed Danielle Sassoon, the Acting U.S. Attorney for SDNY, to dismiss the indictment against New… The post Invoking Scalia in the Sovereign District appeared first on Reason.com.

Reason

"These voters did nothing wrong"

The GOP candidate for state Supreme Court refuses to accept that “North Carolinians simply did not choose him"

Salon

NC election fight hinges on federal case

Two recounts have confirmed Justice Allison Riggs' narrow victory, but her GOP opponent has refused to concede

Salon

A troubling precedent in North Carolina

Jefferson Griffin, a Republican state Supreme Court candidate, is refusing to accept his November loss

Salon

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Second Amendment Roundup: Circuit Conflict in Felon Gun Ban Cases

Congress should reinstate ATF appropriations for removal of disabilities.

Reason

Prof. Michael McConnell on The Supreme Court's Religion Docket

I'm delighted to be able to pass along this item from my Stanford colleague Prof. Michael McConnell (Stanford Law School),… The post Prof. Michael McConnell on The Supreme Court's Religion Docket appeared first on Reason.com.

Reason

Judges postponing retirement after Trump

In a Dec. 13 letter, U.S. Judge James Andrew Wynn said he had reconsidered his plans to step down

Salon

"Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump

Will Judge Stranch be the next "Obama Judge" to show her true blue colors?

Reason

Second Amendment Roundup: Firepower and the Fourth Circuit

The en banc court makes bizarre claims about the 5.56 mm cartridge.

Reason

No Gag Order Against Sean Combs Accusers (and Other Prospective Criminal Trial Witnesses)

From Judge Arun Subramanian's opinion Friday in U.S. v. Combs (S.D.N.Y.): On October 20, 2024, defendant Sean Combs moved for… The post No Gag Order Against Sean Combs Accusers (and Other Prospective Criminal Trial Witnesses) appeared first on Reason.com.

Reason

Fourth Circuit Votes to Rehear Its Geofence Warrant Case

An update in United States v. Chatrie, with a thought on modern Fourth Amendment litigation.

Reason

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Is Mike Luttig A "Prominent Conservative"?

That may have been true about two decades ago, but conservative is as conservative does.

Reason

The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

An astonishing ruling, and one that creates splits on two differerent issues.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pepper spray, carry permits, and adult cabaret.

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Reason

Accessing Google Location History Records Is Not a Search — At Least When Limited — Fourth Circuit Rules

An important case on "The Digital Fourth Amendment"

Reason

Public Has Right to Access Summary Judgment Filings Even When Summary Judgment Motion Was Never Decided

From U.S. ex rel. Oberg & Camoin v. Nelnet, Inc., decided yesterday by the Fourth Circuit, in an opinion by Judge Julius Richardson, joined by Judge Barbara Milano Keenan and District Judge Elizabeth Dillon (W.D. Va.): In 2007, Jon Oberg filed a lawsuit under the False Claims Act against various…

Reason

Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

Reason

Justices Thomas and Alito on Bias Response Teams

In Speech First, Inc. v. Sands, the Court vacated the Fourth Circuit's decision upholding Virginia Tech's Bias Intervention and Response Team Policy, on the grounds that the case had become moot. Justice Jackson would have denied the petition because of her views about when lower court decisions should be vacated…

Reason

The First Geofence Warrant Case Reaches the Federal Court of Appeals

United States v. Chatrie is heard in the Fourth Circuit.

Reason

Court Upholds Denial of Pseudonymity to Plaintiff in #TheyLied Libel Suit Stemming from Title IX Complaint

"Appellant wants the option to hide behind a shield of anonymity in the event he is unsuccessful in proving his claim, but he would surely identify himself if he were to prove his claims."

Reason

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

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