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The Latest Breaking News from 11th Circuit

Covid Beach Closures, the Takings Clause, and the Police Power Exception

A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.

Reason

Court rules Georgia county didn't discriminate by denying coverage of gender-affirming surgery

A federal appeals court has reversed earlier rulings that found a Georgia county illegally discriminated against a sheriff’s deputy by not covering her gender-affirming surgery

The Independent UK

The FBI Wrongly Raided This Family's Home. Now the Supreme Court Will Hear Their Case.

Curtrina Martin's petition attracted support from a bipartisan group of lawmakers.

Reason

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The DOJ Claims Medical Marijuana Patients Who Own Guns 'Endanger the Public in Multiple Ways'

Defending the federal ban on gun possession by drug users, the government's lawyers seem increasingly desperate.

Reason

DeSantis suffers a stinging defeat

A three-judge panel of the notoriously conservative 11th Circuit Court of Appeals ruled against Florida's governor

Salon

Federal Appeals Court Rules in Favor of Reform Prosecutor Removed from Office by Ron DeSantis

"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote.

Reason

Meadows ruling a "bad signal for Trump"

"You could almost just global search and replace Meadows for Trump" in the ruling, says CNN legal analyst

Salon

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Filing exposes Cannon's "wrong" ruling

Cannon's next move may raise questions about "her fitness to remain on the case," warns ex-US Attorney Joyce Vance

Salon

11th Circuit Will Review En Banc Whether Second Amendment Protects 18-to-20-Year-Olds

Yesterday, the Eleventh Circuit granted en banc rehearing on this issue in NRA v. Bondi. For more on the underlying legal issue, see Stephen Halbrook's April post, which mentions the panel opinion (which has now been vacated) as well as some other cases.

Reason

David Sosa Says Mistakenly Arresting Him Twice Based on His Name Violated His Rights. Other David Sosas Agree.

The 11th Circuit rejected Sosa's constitutional claims, and he is asking the Supreme Court to intervene.

Reason

The DOJ Says Forbidding Pot Users To Own Guns Is Like Telling People Not To Carry Guns When They're Drunk

Defending a categorical ban on gun possession by cannabis consumers, the Biden administration cites inapt "historical analogues."

Reason

A law was meant to free sick or aging inmates. Instead, some are left to die in prison

Jimmy Dee Stout was serving time on drug charges when he got grim news early last year.

Tribune News Service

Frail people are left to die in prison as judges fail to act on a law to free them

Petitions for compassionate release soared in the pandemic, but federal judges denied most requests. This week officials will review guidelines aimed at freeing imprisoned people who pose no threat.

WEKU

Judge Cannon reverses pro-Trump order

Judge Aileen Cannon was forced to toss Trump's special master order after a court said she never had jurisdiction

Salon

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Tribune News Service

DOJ cleared to use Trump Mar-a-Lago records in criminal probe

WASHINGTON — A federal appeals court on Thursday freed the Justice Department to resume using the thousands of documents seized from former President Donald Trump’s Mar-a-Lago home in its criminal investigation following months of legal wrangling with the former president.

Tribune News Service

DOJ cleared to use Trump Mar-a-Lago records in criminal probe

Reason

11th Circuit Says a Judge Should Not Have Interfered With the FBI's Review of the Mar-a-Lago Documents

The appeals court says Donald Trump's status as a former president does not entitle him to special treatment.

Salon

Court “eviscerates” Trump Judge Cannon

“This Trump maneuver backfired spectacularly,” said former Solicitor General Neal Katyal. “Like all he touches"

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ABC News

Donald Trump just lost his 'special master'. Here's what it means for the investigation into documents seized from his Mar-a-Lago home

In a major blow to Donald Trump, a court has overturned a decision to install a "special master" to review documents the FBI seized from his Florida home. Here's what you need to know.

Salon

No more special master for Trump

The ruling overturns the review that was put in place by District Judge Aileen Cannon

Los Angeles Times

Appeals court ends special master review of Trump Mar-a-Lago documents

WASHINGTON — A three-judge panel ruled Wednesday that a special master should not have been appointed to review materials the FBI seized from former President Donald Trump’s Mar-a-Lago estate, a decision that ends the outside review of thousands of documents that has delayed for months a criminal investigation into the former…

Roll Call

Appeals court wipes out Trump lawsuit over Mar-a-Lago search - Roll Call

A federal appeals court on Thursday tossed out Donald Trump’s lawsuit to keep federal prosecutors from using documents seized at his club.

Salon

Trump special master "tired" of lawyers

Judge Raymond Dearie abruptly scrapped a planned meeting with Trump's legal team

Salon

Experts: Court will slam Cannon's order

"I would be shocked if the 11th Circuit does not overturn Judge Cannon's order," former prosecutor says

Roll Call

Supreme Court clears path for Sen. Lindsey Graham testimony - Roll Call

The Supreme Court noted, however, that Graham could object to questions once his testimony begins regarding the 2020 elections in Georgia.

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