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The Latest Breaking News from Second Circuit

Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times

"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Controversial memes, mandatory recusal, and punitive damages caps.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Reasonable SWAT mistakes, lying forensic pathologists, and de minimis injuries.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Sovereign neighbors, voting particulars, and a qualified baptism.

Reason

Second Amendment Protects Public Housing Tenants

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Nuclear waste, river cruises, and an exploding toilet.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Public use, ballot selfies, and a bonkers closing statement.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Odor ordinances, woke training, and legislator walkouts.

Reason

Urinalysis Requirement for Gun Carry Permit Likely Unconstitutional

So held Nassau County (N.Y.) trial judge James P. McCormack last week in In the Matter of Kamenshchik, applying the Second Circuit's recent decision in Antonyuk v. Chiumento. Antonyuk held (among other things) that "requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.

Reason

Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court

"Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."

Reason

Second Amendment Roundup: Second Circuit Opines on New York's Gun Restrictions

Some provisions remain enjoined, but the decision on “sensitive places” is problematic.

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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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Voting districts, work uniforms, and hunter harassment.

Reason

S. Ct. Will Hear NRA's Case Alleging That N.Y. Government Coerced Companies to Stop Doing Business with NRA

The controversy is similar to part of the controversy in Murthy v. Missouri (formerly Missouri v. Biden), which also involves allegations of government coercion aimed at interfering with speech.

Reason

Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies

"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Music theory, cell phone seizures, and gratuitous strip searches.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

Second Circuit Cites Scholarship in Both Majority and Dissenting Opinions of Farhane v. United States

My coauthored denaturalization scholarship makes appearances on both sides of the aisle

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

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Preliminary Injunction Against NJ Ban on Peaceable Carry

Today the U.S. District Court for New Jersey issued a very thorough 230-page preliminary injunction against much of the New Jersey legislature's Bruen response bill. As in the years after Brown v. Board of Education, some state legislatures under the sway of anti-civil rights lobbies have engaged in massive resistance…

Ballotpedia

Second Circuit weighs in on CFPB funding structure

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Reason

S. Ct. Calls for Response in NRA v. Vullo

This is the case I wrote about in March, and again last week, when I noted the amicus briefs from state attorneys general, from the Foundation for Individual Rights and Expression, and from two financial and business law scholars. I also noted last week that the New York state government…

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