Short Circuit: A Roundup of Recent Federal Court Decisions
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.
Friends, on September 3, 2021, the Institute for Justice marks its 30th Anniversary! To celebrate this milestone, our “IJ Works Wonders” series looks back on IJ cases that fundamentally transformed the law and the lives of our clients. Check out the first entry here, with more to come soon! Now on to the show…
- That wooshing sound you hear is the collective sigh of relief of every federal employee reacting to the news, via this DC Circuit opinion, that their internet browsing histories are not subject to FOIA.
- First Circuit: Here’s 141 pages of Judge Selya upholding the convictions of several pharmaceutical executives for paying kickbacks to doctors who prescribed their under-the-tongue opiate medication. And with an opinion that long, you know this week’s Judge Selya Vocab Quiz is gonna be a banger: ethologist, gallimaufry, cashiered, transmogrified, fandango, dysphagia, immurement, kaleidoscopic, tamisage, titration, equipoise, encincture, repastinates, impuissant, condonation, vouchsafed, sanguine, verity, calumnized, iterative, congener, dissembling.
- Second Circuit: In which Andy Warhol violates copyright from beyond the grave.
- The NYU Law Review has 50 student spots, 12 of which are allocated by the Law Review’s Diversity Committee, which takes into consideration factors such as race, religion, gender, and sexual orientation in divvying up its 12 spots. The Law Review also considers race and sex during its article-selection process. A group that opposes such preferences sues, alleging that these policies have harmed its members. Second Circuit: Which ones? Plaintiffs: We’re not telling. Second Circuit: No associational standing.
- New York Attorney General sues anti-abortion protestors for violating the Freedom of Access to Clinic Entrances Act and seeks a preliminary injunction. The district court denies the PI. Second Circuit: We might have decided this one differently, but it’s an abuse of discretion standard, so what can you do?
- Who could have known way back in 1999 that a forensic examiner has to turn over exculpatory ballistic evidence to defense counsel? Second Circuit: You, Mr. Forensic Examiner. You could have. So the guys who served more than 17 years in prison for a robbery and murder they didn’t commit get to sue you.
- Listen up Fed Courts nerds! Third Circuit: “The question that confronts us on appeal is whether a party appealing from the decision of a territorial court must establish Article III standing when invoking our jurisdiction, even though Article III standing is not required before the territorial courts.”
- If you’re a criminal defense lawyer, prepare to scream internally when you read this case from the Third Circuit, denying a new trial to a guy who thought he’d just talk to the cops a little bit about where he got the fentanyl, but not about the folks who died of overdose using the fentanyl.
- A high school teacher fired for refusing to use a student’s preferred pronouns? Sounds pretty juicy. Be a shame if the opinion were about . . . federal removal jurisdiction. Fourth Circuit: The teacher brought only state causes of action, and the fact that the school might be able to invoke Title IX as a defense is not an independent basis for federal jurisdiction.
- There are 19 separate issues in this appeal from the death sentence given to Dylann Roof, who shot and killed nine members of the Mother Emanuel Church in Charleston, South Carolina. Fourth Circuit: There’s only so much you can do for a guy who admits to remorselessly slaughtering churchgoers and leaving one alive to tell the tale. (NB: All judges on the Fourth Circuit recused themselves, so the panel was made up of designees from Third, Sixth, and Eighth Circuits.)
- It’s not our field but, if you plan on becoming a pimp, consider not r
Article from Latest – Reason.com