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The Latest Breaking News from The Eleventh Circuit

Procedural Twist in Kash Patel's Libel Suit Against Substacker Jim Stewartson (Filed in 2023)

From today's decision by Chief Judge Andrew Gordon (D. Nev.) in Patel v. Stewartson (for more on the $100K compensatory… The post Procedural Twist in Kash Patel's Libel Suit Against Substacker Jim Stewartson (Filed in 2023) appeared first on Reason.com.

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Will the Eleventh Circuit Allow the Endangered Species Act to Commandeer the Florida Department of Environmental Protection?

A pending case will test whether courts are willing to enforce the anticommandeering doctrine in the context of environmental protection.

Reason

Israeli-American Doctor's Federal Conspiracy Claim Against CAIR and Other Critics Can Go Forward for Now

From today's decision by Judge Thomas Thrash (N.D. Ga.) in Winer v. Mohammad: This action arises out of alleged defamatory… The post Israeli-American Doctor's Federal Conspiracy Claim Against CAIR and Other Critics Can Go Forward for Now appeared first on Reason.com.

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Federal Officer Removal in Plaquemines Parish

Justice Barrett is thinking about Chief Judge Pryor's holding that Mark Meadows could not remove the Georgia criminal prosecution to federal court.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

COVID Closure of Private Beach Access Constitutes a Taking

The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."

Reason

Jack Smith Miscalculated The Odds of Drawing Judge Cannon, and After He Lost, Asked SG Prelogar For Permission To Seek Cannon's Removal

A new book provides an inside look to the Florida Special Counsel investigation.

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Florida Can Forbid Transgender High School Math Teacher From Using Feminine Pronouns to Refer to Herself in Class, 11th Circuit Says

The appeals court vacated a preliminary injunction that had been based on her First Amendment rights

Reason

Alabama Defendants in Youth Gender Medicine Case May Disclose Discovery Documents from World Professional Association for Transgender Health

Monday's decision by Judge Liles Burke (M.D. Ala.) in Boe v. Marshall dealt with whether the defendants should be able… The post Alabama Defendants in Youth Gender Medicine Case May Disclose Discovery Documents from World Professional Association for Transgender Health appeared first on Reason.com.

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

Unaccompanied kids, implied causes of action, and filming the police.

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Reasonable to Deny Pseudonymity to Plaintiff Who Seeks to Conceal That She Has Epilepsy

So holds the Eleventh Circuit.

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

White House press passes, Wikipedia edits, and same-sex weddings.

Reason

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.

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Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests

"Founding-era common law gave officers no authority to make an 'arrest without a warrant, for a mere misdemeanor not committed in [their] presence.'"

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Short Circuit: A Roundup of Recent Federal Court Decisions

Crypto rules, false statements, and regulatory habitats.

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Judicial Misconduct Complaint Against Judge Vaden For Columbia Boycott Referred to Seventh Circuit's Judicial Council

The Fifth and Eleventh Circuits already dismissed similar complaints, but the Chief Judge of the Court of International Trade asked the Chief Justice to refer it to another circuit, and Roberts did so.

Reason

An Interview with Judge James C. Ho

Q: Judge Amul Thapar of the Sixth Circuit recently criticized the law clerk hiring boycott that you and others launched… The post An Interview with Judge James C. Ho appeared first on Reason.com.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Veterinary speech, inflation reduction, and Inspector Javert's playbook.

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No Pseudonymity for Plaintiff Challenging Suspension Under Title IX

So holds the Eleventh Circuit, upholding the district court's decision—but the court's standard of review suggests that the exact oppose district court decision might have been upheld, too.

Reason

Prof. Michael McConnell (Stanford): Amicus Wrong to Call for Judge Cannon's Removal

I'm delighted to pass along this item from my Stanford colleague Prof. Michael McConnell (who also served for several years on the Tenth Circuit): The National Law Journal reports that retired district court judge Nancy Gertner, joined by ethics experts Stephen Gillers and James Sample, have filed an amicus brief…

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New in the American Spectator: The 11th Circuit Should Reject Jack Smith's Past Political Justifications to Expedite His Latest Appeal

"The Court of Appeals for the Eleventh Circuit has no reason to accommodate politically motivated efforts to convict Trump before the election or inauguration."

Salon

Smith appeals classified docs dismissal

Smith appealed the Trump-appointed judge's theory that his appointment was unlawful to the Eleventh Circuit court

Reason

Florida S. Ct. Reads Florida Anti-Riot Statute as Narrowly Focused on Violence

In this, the court agrees with the Florida Attorney General and the Governor’s office, and disagrees with the challengers who are trying to get the statute struck down on First Amendment grounds.

Reason

Black-Women-Only Grant Program Likely Violates Federal Law, Isn't Protected by First Amendment

From American Alliance for Equal Rights v. Fearless Fund Mgmt., LLC, decided today by the Eleventh Circuit, in an opinion by Judge Kevin Newsom, joined by Judge Robert Luck: [We hold that] the Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women, [likely]…

Salon

Experts pan Cannon's "outrageous" bias

Judge Cannon has appeared confused by basic legal concepts and indulged the Trump defense team's wildest arguments

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