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The Latest Breaking News from the Second Circuit

Rep. George Santos's Bail Guarantors Are Being Kept Secret

The New York Times asked that their names, and information related to the bail hearing, be released.

Second Circuit weighs in on CFPB funding structure

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.

S. Ct. Calls for Response in NRA v. Vullo

This is the case I wrote about in March, and again last week, when I noted the amicus briefs from state attorneys general, from the Foundation for Individual Rights and Expression, and from two financial and business law scholars. I also noted last week that the New York state government…

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Short Circuit: A Roundup of Recent Federal Court Decisions

Butter or spray; liars and bad cops; and SecretAgentRandyBeans.

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

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.

Cert. Petition on the First Amendment and Coercive Government Threats in NRA v. Vullo

William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I filed a petition earlier this month asking the Supreme Court to review the Second Circuit decision in NRA v. Vullo; I think many of our readers will find it interesting (my apologies for the delay in…

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N.Y. AG Appeals, to Defend Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)

Volokh v. James going to the Second Circuit.

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