Short Circuit: A Roundup of Recent Federal Court Decisions
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
Of late, the Eleventh Circuit has been at the cutting-edge of excessive-fines litigation. And in a recent case—United States v. Schwarzbaum—the court got some important things right (e.g., that the Excessive Fines Clause does indeed apply to multi-million-dollar civil penalties). But it also got some important things wrong (e.g., the legal standard for determining what’s excessive), and wrong in ways that are hard to square with Supreme Court precedent and the precedent of other courts. In a modest but insightful paper, two of IJ’s excessive-fines mavens break things down and explain why Schwarzbaum might be a decent candidate for an en banc rethink—whether or not either side asks for it!
Friends, this week marks the official Tenth Anniversary of Short Circuit. Zounds! Please do come and join us at this big thing with important people we’re doing live and in person on April 3 in D.C.
New on the Short Circuit podcast: Hear from Prof. Rebecca Haw Allensworth about her new book, The Licensing Racket.
- Looking to read a super gross opinion about what a monster convicted sex-offender R. Kelly is? The Second Circuit has you covered.
- Teen spends 65 days in jail on suspicion of double murder at a Wheaton, Md. mall before fingerprints, DNA, and cellphone records clear him. (The perpetrator is caught and convicted.) Can the teen sue the detective who got him arrested for sloppy police work? Fourth Circuit: Nope, a school-resource officer said he recognized the teen from school and in the surveillance footage. Dissent: The school-resource officer didn’t actually say that, and the detective’s statement that a second officer also ID’d the teen is outright shenanigans.
- Lawsuit claims Prosper, Tex. school bus driver sexually abused two children and school officials failed to stop the abuse. District court: Wow, this looks super bad. MTD for supervisor liability is denied. Fifth Circuit: Qualified immunity. Also, the concurrence shouldn’t be saying that if the plaintiffs find new evidence in discovery—while pursuing what’s left of the case—that they could replead and bring these claims against the officials back in. A judge “is not a knight-errant.” Concurrence: District courts can allow amended pleadings “when justice so requires,” including “for the victims of a pedophile.”
- St. Tammany Parish, La. is scandalized to learn that its public libraries not only had “Pride Month” displays but also carried LGBT-related books! Looking for ways to remove the members of the Library Board of Control, one newly elected councilman realizes that the council failed to stagger the board members’ terms when the board was first created, as required by Louisiana law. The board is declared vacant, new members are appointed to staggered terms, and three of the ousted members sue for First Amendment retaliation. Fifth Circuit: No standing; the decision to stagger the board‘s terms does not create any individualized injury.
- Back in 1997, Austin, Tex. made it illegal for candidates for city office to raise campaign contributions more than six months before the general election. Fifth Circuit (2018): That violates the First Amendment. Austin: Okay, what if we extend it to a year? Fifth Circuit (2025): Still unconstitutional.
- Former San Marco, Tex. mayor was a prominent local businessman and notorious KKK member. He installed a Juliet balcony on his home with a wrought iron “Z” for his last name, which remains today, and which the home’s current owners (non-KKK members) wish to remove. Alas, the home is in a historic district, and the local historic commission declines the request. District court: You can’t sue about that, and even if you could, you lose. For one, you relied on a 1921 SCOTX case that can’t possibly still be good law. Fifth Circuit (unpublished): They can, and they might not. “[P]recedent has no expiration date.”
- Prisoners sue the Louisiana State Penitentiary, and after two trials the district court rules that prison conditions violated the Eighth Amendment, Rehabilitation Act, and Americans with Disabilities Act. The court enters what it styled a “Judgment” on liability but also a “Remedial Order” contemplating that the actual injunctive remedy would follow later after a special masters’ report. Louisiana appeals. Fifth Circuit: There’s no final judgment—and hence we have no appellate jurisdiction—until that remedy is actually ordered. Dissent: The district court has been dragging this case out for a decade, imposing major costs on Louisiana, and violating the Prison Litigation Reform Act; it’s time for an appeal.
- Freight hauler in Kentucky pulls over to rest when he sees a car hit a ditch and flip. The driver asks if the hauler will hang onto a bag for him—a bag that appears to contain guns and drugs. The hauler declines. The driver asks for a ride, which the hauler also declines
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
