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The Latest Breaking News from the Fourth Circuit

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

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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

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

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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.”

Reason

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

The Independent UK

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.

Reason

Conservative judge rings the alarm bells

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

Salon

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

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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.

Reason

Invoking Scalia in the Sovereign District

Acting Deputy Attorney General Emil Bove instructed Danielle Sassoon, the Acting U.S. Attorney for SDNY, to dismiss the indictment against New… The post Invoking Scalia in the Sovereign District appeared first on Reason.com.

Salon

"These voters did nothing wrong"

The GOP candidate for state Supreme Court refuses to accept that “North Carolinians simply did not choose him"

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Salon

NC election fight hinges on federal case

Two recounts have confirmed Justice Allison Riggs' narrow victory, but her GOP opponent has refused to concede

Salon

A troubling precedent in North Carolina

Jefferson Griffin, a Republican state Supreme Court candidate, is refusing to accept his November loss

Reason

Second Amendment Roundup: Circuit Conflict in Felon Gun Ban Cases

Congress should reinstate ATF appropriations for removal of disabilities.

Reason

Prof. Michael McConnell on The Supreme Court's Religion Docket

I'm delighted to be able to pass along this item from my Stanford colleague Prof. Michael McConnell (Stanford Law School),… The post Prof. Michael McConnell on The Supreme Court's Religion Docket appeared first on Reason.com.

Salon

Judges postponing retirement after Trump

In a Dec. 13 letter, U.S. Judge James Andrew Wynn said he had reconsidered his plans to step down

Reason

"Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump

Will Judge Stranch be the next "Obama Judge" to show her true blue colors?

Reason

Second Amendment Roundup: Firepower and the Fourth Circuit

The en banc court makes bizarre claims about the 5.56 mm cartridge.

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