Short Circuit: A Roundup of Recent Federal Court Decisions
New on the Bound By Oath podcast: Civil forfeiture is a civil rights nightmare. On this episode, we dig into the birth of the modern forfeiture regime (which we put at 1984, give or take), and we dig into forfeiture’s historic roots (1789). And we ask what forfeiture’s historic pedigree means for its constitutionality today. (It’s still unconstitutional.)
And check out recent episodes of the Short Circuit podcast, some of which are now on YouTube. Proving that our host and guests are (or at least resemble) real people.
- The Postal Regulatory Commission is tasked with ensuring that USPS competes fairly in its non-monopoly package-delivery market. UPS contends that it has not done so with peak-season costs, allowing USPS to subsidize December costs with its first-class mail market, in which it has a monopoly. D.C. Circuit: Don’t be a Scrooge, UPS. The rates are fine.
- Remember how during the Sarah Palin v. New York Times trial the judge threw the case out in the middle of the jury’s deliberations, let the jury give its 2 cents anyway because he hadn’t told them about his ruling, but some of them saw what he did anyway via “push notifications,” and he was like whatever? Well, the Second Circuit says that wasn’t exactly tip-top courtroom management. New trial granted.
- Look, if the government induces you to enter a plea bargain by promising to advocate for one sentencing range and then argues for a different, higher sentencing range, the government has breached the plea agreement, but you can’t expect the Second Circuit to do anything about that if your lawyer only protested that this was unfair instead of saying the magic words “the government is breaching the plea agreement.”
- In which the Third Circuit reminds us that the easiest way to remember the nuanced differences between the independent-source doctrine and the inevitable-discovery doctrine is the simple mnemonic “if you invoke the wrong one your client will go to prison for 240 months.”
- This farcical, Coen-brothers-esque caper starts with a “fight-club-style altercation” among motorcycle gang members, proceeds to an alleged kidnapping, and escalates to an abortive robbery/murder attempt. It ends with one of the gang members convicted of the alleged kidnapping. Third Circuit: But his jury trial rights were violated. The convicted defendant argued there was no kidnapping (i.e., that the kidnappee was a willing participant in the robbery). His acquitted co-defendant argued that he was coerced into going along with the whole scheme. Both can’t be true, so they required separate juries.
- In 1988 a 15-year-old immigrates to the U.S. and is adopted by U.S. citizen parents. At 17 he applies for citizenship. A few months later, after turning 18, the INS interviews him and—congratulations!—has him take the Oath of Allegiance and says he’s a citizen. Except: Later they realize he’s actually ineligible under the form they used because he’s over 18. They don’t tell him this for . . . 21 years. At which time he’s in prison. He’s later deported. He appeals on statutory grounds and also pleads equitable estoppel. Third Circuit: You might win if you had taken the oath before your 18th birthday. But you didn’t. Plus, equity delights to do justice unless you’re asking for citizenship.
- Allegation: In 1993 a woman skipped parole in Pennsylvania. In 2019 state authorities get around to issuing a warrant for her arrest. However, they use the address and photo of a different woman with the same name. The innocent woman is arrested and held for two weeks despite repeated pleas that she’s innocent. She sues. Third Circuit: And loses. Too bad for her, but federal officials, not state, did the bad things and unless your name (and the woman who skipped parole, of course) is “Webster Bivens” you have no claim.
- Most Marylanders must obtain a license before purchasing a handgun, which requires that they submit fingerprints, be at least 21 years old, complete a safety course, and not be barred by law from having a gun. Fourth Circuit (en banc): Which is fine. Shall-issue licensing laws, like Maryland’s, generally don’t infringe the right to keep and bear arms. Concurrence: Laws regulating acquiring a handgun are encompassed by the Second Amendment’s text but are nevertheless constitutional. Partial concurrence: Too much dicta. Dissent: The Supreme Court created a test,
Article from Reason.com
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