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The Latest Breaking News from the Eighth Circuit

Why the Supreme Court Should DIG Ellingburg v. U.S. Next Week

The Court granted cert to review whether criminal restitution under the Mandatory Victim Restitution Act is "penal" in character. But the defendant was ordered to pay restitution under a different statute.

Reason

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Qualified privileges, unequal conspiracies, and a file in hand.

Reason

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

Lethal pepper spray, soggy eggs, and high-end swimwear.

Reason

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Interview with Senator Eric Schmitt of Missouri About Judicial Selections in Trump 2.0

Will EDMO become the new NDTX?

Reason

Second Amendment Roundup: 18 to 20 Age Ban Cases Coming to a Head

Both sides agree the Supreme Court should grant cert.

Reason

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

Second Amendment Roundup: 8th Circuit Rules in Favor of Pistol Brace Owners

ATF shoots the side of a barn, draws a target around the bullet holes, and proclaims “bullseye!”

Reason

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NAB Asks Court to Toss Ownership Rules

In a filing with the U.S. Court of Appeals for the 8th Circuit, the brief argued that “FCC has stubbornly refused to admit the world has changed”

TV Tech

Allowing "Black Lives Matter" Signs in Classrooms But Forbidding "All Lives Matter"/"Blue Lives Matter" Might Violate First Amendment

So holds the Eighth Circuit, concluding that the plaintiffs had sufficiently alleged that the "Black Lives Matter" signs were private speech, rather than government speech.

Reason

No Pseudonymity for Plaintiffs in Black-Lives-Matter-Poster-Related Lawsuit, Despite Fear of "Cancel Culture" Retaliation

In Cajune v. Indep. School. Dist. 194, decided today by the Eighth Circuit, plaintiffs sued to challenge the School District's permission for teachers to display Black Lives Matter posters in classrooms (but not for members of the public to display other posters, such as All Lives Matter or Blue Lives…

Reason

Did Environmental Groups Drop Challenges to SEC Climate Disclosure Rule Because They Lost the Lottery?

Green groups dropped their suits after the various challenges to the SEC's climate disclosure rule were consolidated in a fairly conservative circuit.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Three states end judicial deference practices

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.

Ballotpedia

Court Reaffirms Commentators' Standing to Intervene to Unseal Court Records

A couple of circuit court decisions noted that the intervenors had to have a concrete plan to write about the records; the court here makes clear that such a plan indeed suffices for standing.

Reason

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Ballotpedia

Economy and Society April 9, 2024: SEC pauses implementation of climate disclosure rules

Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the environmental, social, and corporate governance (ESG) trends and events that characterize the growing intersection between business and politics.

Ballotpedia

Economy and Society March 26, 2024: Texas education fund pulls $8.5 billion from BlackRockEconomy and Society March 26, 2024: ESG developments this week

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

Is Climate Change Going Back to the Supreme Court? (Minnesota Edition) [UPDATED]

The justices are considering whether to grant certiorari in Minnesota's lawsuit against energy companies.

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Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds

The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.

Reason

Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County

The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.

Reason

Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)

The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.

Reason

Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur

The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.

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