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The Latest Breaking News from Eighth Circuit

Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law—But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future

The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."

Reason

Eighth Circuit Rejects Missouri's Second Amendment Preservation Act

States cannot invalidate or refuse to recognize federal law.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Crypto disclosures, high-risk stops, and protecting the curtilage.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Arresting the wrong Jose Vasquez. Arresting the wrong Bethany Farber. Arresting the wrong Juan Martinez.

Reason

Second Amendment Roundup: 8th Circuit Rules for 18 to 20-Year-Olds

Court relies on Rahimi in support of liberalized gun carry permits.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pepper spray, carry permits, and adult cabaret.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

A right to go down in flames, a machete confrontation, and a jury that only goes up to eleven.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Student loan forgiveness, critical infrastructure, and inexcusable incompetence.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Instagram foxes, kosher Pickles, and maritime riches.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Dishwashers, Nazi-looted art, and an ag-gag mixed bag.

Reason

Eighth Circuit Upholds Ban on Material Lies on Certain Employment Applications, When Speaker Intends to Cause Injury

From today's opinion in Animal Legal Defense Fund v. Reynolds, by Judge Colloton, joined by Judges Grasz and Kobes: In Animal Legal Defense Fund v. Reynolds (8th Cir. 2021) ("ALDF I"), this court considered an Iowa law that prohibited (1) accessing an agricultural production facility by false pretenses and (2)…

Reason

Eighth Circuit Upholds Iowa Law Increasing Trespass Penalties When Trespasser Uses Recording Device

From today's opinion in Animal Legal Defense Fund v. Reynolds by Judge Grasz, joined by Judges Colloton and Kobes: Iowa enacted a trespass-surveillance law penalizing anyone who, while trespassing, "knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Gag orders, sleeper berths, and a prosecutor's "dodgy side hustle."

Reason

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Supreme Court Denies Review of Social Cost of Carbon Challenge

The Court saw no reason to consider the Eighth Circuit's conclusion that the states lacked standing.

Reason

School Policy Requiring Students to "Respect" "a Student's Gender Identity" Is Unconstitutionally Vague

From Parents Defending Education v. Linn Mar Community School Dist., decided Sept. 29 by the Eighth Circuit (Judge Steven Colloton, joined by Judges Duane Benton and Jane Kelly): The disputed policy is entitled "Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes." The policy was adopted in April…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

3,000 years of overdetention, chief lickspittle, and the wrong side of the road.

Reason

Four Eighth Circuit Judges Argue That Felons Don't Categorically Lose Second Amendment Rights

The opinion is today's dissent from denial of rehearing en banc in U.S. v. Jackson (8th Cir.), written by Judge David Stras, joined by Judges Ralph Erickson, Steven Grasz, and Jonathan Kobes: By cutting off as-applied challenges to the federal felon-in-possession statute, Jackson and Cunningham [two recent Eighth Circuit panel…

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Short Circuit: A Roundup of Recent Federal Court Decisions

Butterfly knives, and prison atrocities, and a clueless detective.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Moot beaches, sparking the French Revolution, and cash-bail advocacy.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Deposition misconduct, grumpy interrogatories, and protesting the Lawyers' Mall.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fake Instagram accounts, offensive Facebook comments, and pro se parents.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bridges to nowhere, a blindfolded surprise, and a threatening smirk.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Loss and woe.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Scooter injuries, loyalty oaths, and Canadian barrels.

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