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The Latest Breaking News from the Fourth Circuit

SCOTUS Summarily Reverses Fourth Circuit, Justice Jackson votes to deny writ of certiorari without opinion

KBJ's dissent from the grant of certiorari, without a written opinion, is fairly rare.

Reason

Is the Fourth the New Ninth? - 2026 Update

Another summary reversal of a Fourth Circuit AEDPA decision.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

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read the most diverse news in one place.

Suspicion That Man Fiddling with Phone Might Be "Filming School Children" Doesn't Justify Detention by Police

"To hold otherwise would allow police officers to demand identification from anyone near a school while using a smartphone—parents taking first-day-of-school videos, a grandparent trying to pull up directions while in the school drop-off line, or dog walkers holding their phone near their chest."

Reason

Is the Fourth Circuit the New Ninth?

Could today's summary reversal be a sign of things to come?

Reason

Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"?

Thoughts on the New York Times' Selective Survey of District Court Judges

Reason

Fourth Circuit Rules Performing Forced Labor as a Cook for a Terrorist Organization Does Not Count as "Material Support" for Terrorism that Precludes a Migrant From Getting Asylum

The 2-1 ruling got the right result, but not entirely for the right reason.

Reason

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Second Amendment Roundup: 4th Circuit Upholds Park Ban

Under Salerno test, ban held not to be invalid in all circumstances.

Reason

Maryland Can Tax Internet Advertising, But It Cannot Prevent Advertisers from Disclosing Cost of Tax

The U.S. Court of Appeals for the Fourth Circuit rejects Maryland's attempt to hide the consequences of its internet advertising tax.

Reason

Religious Hiring: What Courts Should Do

Courts don't need to stretch the ministerial exception to cover every case.

Reason

"If Doe Wishes to Use Judicial Proceedings" "to Seek Relief from … Defamat[ion],"

"he must do so under his true name and accept the risk that certain unflattering details may come to light over the course of the litigation."

Reason

Fourth Circuit Rejects Claim that West Virginia Abortion Law Is Preempted

A mifepristone manufacturer is unsuccessful in evading West Virginia's prohibition on abortion, even when performed by medication.

Reason

NASCAR calls out 23XI and FRM for "inappropriate" legal motion in fight to keep charters

Having exhausted nearly every legal option to retain their charters after the Fourth Circuit Court of Appeals revoked a previous preliminary injunction protecting it, both 23XI Racing and Front Row Motorsports have taken a new course forward.

Motorsport

Do Arrest Warrants Have a Diligence Requirement?

Tracing the doctrine back.

Reason

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Reason

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason

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

Frigid cells, raw sewage in cells, and expressive activity on public beaches.

Reason

Second Amendment Roundup: Cert denied in rifle and magazine ban cases.

Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”

The Independent UK

Judge rips Trump for trying to ‘set aside the rule of law’ in case of Venezuelan asylum-seeker deported to El Salvador

Administration has been accused of slow-walking similar case of wrongly deported man

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Reason

The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper

Fifteen judges produce eight separate opinions—but no view gets a majority.

Salon

Conservative judge rings the alarm bells

Judge in the Kilmar Abrego Garcia case issues a wake up call for America

Reason

The Chief Justice "Facilitates" Another Shadow Docket Compromise In Noem v. Garcia

The Trump Administration didn't lose but it didn't quite win either.

Reason

SCOTUS to Inferior Courts: Review TROs That Function As Preliminary Injunctions

Moreover, challenges to spending belong in the Court of Federal Claims, not in Federal District Court.

Reason

Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All

[UPDATE: I note a contrary argument in an update at the end of this post.]

Reason

Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech

Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.

Reason

Divided Fourth Circuit Denies Partial Stay of Preliminary Injunction Against Executive Order Curtailing Birthright Citizenship

If nationwide injunctions were okay against other administrations, the Fourth Circuit see no reason they are not okay now.

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