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The Latest Breaking News from The Ninth Circuit

Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies

This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Group chats, monopolies, and corporate espionage.

Reason

Federal Government Urges S. Ct. to Take Second Amendment Case

The question presented in Wolford v. Lopez is: Whether the Second Amendment allows a State to make it unlawful for concealed-carry license-holders… The post Federal Government Urges S. Ct. to Take Second Amendment Case appeared first on Reason.com.

Reason

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Federal Court Blocks Trump Executive Order Denying Federal Funds to Sanctuary Cities

The decision is based on precedents in similar cases during Trump's first term.

Reason

"The Trump Administration's Unconstitutional Hate Mail to Harvard," by Prof. Genevieve Lakier (Chicago)

I've worked with Prof. Lakier on various projects recently, and have been much impressed with her analyses (as well as… The post "The Trump Administration's Unconstitutional Hate Mail to Harvard," by Prof. Genevieve Lakier (Chicago) appeared first on Reason.com.

Reason

Second Amendment Roundup: 9th Circuit Upholds California Magazine Ban (Again)

The third time isn’t the charm.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Corner crossing, prison typewriting, and an interview with Webster Bivens.

Reason

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Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit

The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.

Reason

Nevada Math Prof Alleges Discipline for "Voic[ing] Concerns About … the Math Department … Lower[ing] Its Curriculum Standards"

The Ninth Circuit allows his First Amendment claim against his community college to go forward.

Reason

Ending US birthright citizenship could have consequences for LGBTQ+ couples, lower-income parents and the surrogacy market

The first month of US President Donald Trump’s second term saw an onslaught of executive orders. The order aiming to change how birthright citizenship – the constitutional guarantee of citizenship to most children born within US territory – is granted could be the most consequential. Federal judges in Maryland, Washington…

The Conversation

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 4

The final post in my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Private islands, signal fires, and a salmagundi of sadness.

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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One More First Amendment Case to Watch

Another First Amendment case that the Court will consider this Friday, but on the religion side, is Apache Stronghold v.… The post One More First Amendment Case to Watch appeared first on Reason.com.

Reason

Alien Tort Statute Liability for American Publisher Would Turn on Whether It Knew Author It Paid Was Hamas Hostage-Holder

From Judge Tiffany Cartwright (W.D. Wash.) in Friday's Jan v. People Media Project: Plaintiff Almog Meir Jan is an Israeli… The post Alien Tort Statute Liability for American Publisher Would Turn on Whether It Knew Author It Paid Was Hamas Hostage-Holder appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Crypto rules, false statements, and regulatory habitats.

Reason

A Final(?) Attempt to Resurrect the Kids Climate Case

The Juliana plaintiffs are again seeking Supreme Court review of their case.

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A Proposal To Create A New Article III Court of Immigration Review

"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."

Reason

Supreme Court DIGs Facebook

The first argued case to be decided is dismissed.

Reason

The Twentieth Anniversary of the Crime Victims' Rights Act

Twenty years ago to the day, the CVRA took effect ... changing the legal culture in federal criminal cases.

The Independent UK

Judge delays order in antitrust case requiring Google to open up its app store

A federal judge on Friday delayed an order requiring Google to open up its Android app store to more competition until an appeals court decides whether to block the shake-up because of legal questions surrounding a jury’s verdict that branded Google as an illegal monopolist

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Equity training, intrusive questions, and a sorry mofo.

Reason

A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead

The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.

Reason

Police Officers' Libel Lawsuit Against Seattle City Councilwoman Kshama Sawant Thrown Out

From Miller v. Sawant, decided Thursday by Ninth Circuit Judges William Fletcher, Carlos Bea, and John Owens: In February 2016, Miller and Spaulding [two Seattle police officers] fatally shot Che Andre Taylor, a Black man, as they tried to arrest him. Miller and Spaulding's [defamation] complaint … against [Seattle City…

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