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The Latest Breaking News from the Fourth Circuit

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.”

Reason

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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

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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.

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.

Reason

"These voters did nothing wrong"

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

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

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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

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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.

Reason

No Gag Order Against Sean Combs Accusers (and Other Prospective Criminal Trial Witnesses)

From Judge Arun Subramanian's opinion Friday in U.S. v. Combs (S.D.N.Y.): On October 20, 2024, defendant Sean Combs moved for… The post No Gag Order Against Sean Combs Accusers (and Other Prospective Criminal Trial Witnesses) appeared first on Reason.com.

Reason

Fourth Circuit Votes to Rehear Its Geofence Warrant Case

An update in United States v. Chatrie, with a thought on modern Fourth Amendment litigation.

Reason

Is Mike Luttig A "Prominent Conservative"?

That may have been true about two decades ago, but conservative is as conservative does.

Reason

The Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

An astonishing ruling, and one that creates splits on two differerent issues.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

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