Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
Call for papers: Scholars, next year IJ’s Center for Judicial Engagement is going to celebrate and confer upon “The Other Declarations of 1776.” Accordingly, we invite papers on the history, meaning, and impact of state declarations of rights from 1776. It’s going to be a blast. Please send us proposals. Click here for more.
Recently, Prof. Samuel Bray opined that it would be “folly” to incorporate the Seventh Amendment’s civil-jury right against the states—an argument occasioned by IJ’s latest cert petition. As you might expect, we politely disagree. IJ’s own Jared McClain, one of the petition’s authors, has therefore penned a neutron bomb of a response.
Check out the latest episode of Unpublished Opinions, IJ’s roundtable podcast. Wherein Patrick Jaicomo reflects on his recent SCOTUS argument and Anya Bidwell can’t get enough of Fanny Burney.
- Four days after Media Matters published an article reporting that Elon Musk endorsed an antisemitic conspiracy theory while Twitter was placing corporate ads next to pro-Nazi content, the Texas AG launched an investigation into Media Matters for potential deceptive trade practices and issued a sweeping demand requiring the group to produce a slew of records. MM sues in DC, alleging 1A retaliation. AG: You can’t sue me there, or for that, and even if you could, you lose. D.C. Circuit: Not only is the suit proper, but also the PI barring enforcement of document production is completely appropriate.
- Does the Controlled Substances Act violate the Commerce Clause as applied to purely intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law? First Circuit: The Supreme Court said “no” back in 2005, and “no” is still the answer. The fact that Congress has since made use of appropriations riders preventing the DOJ from using any funds to prosecute state-legal marijuana doesn’t change the analysis. And the law is fine under the Due Process Clause as well, despite the plaintiffs’ thorough canvassing of marijuana’s historical pedigree.
- For thirty years, the town of Nantucket, Mass. has required a rental car to hold one of a limited set of rental-car “medallions”—a practice which has (shockingly) resulted in a small cartel of local businesses (plus one national chain) holding all the medallions themselves. And that, says the First Circuit, is a-okay by us.
- Plainclothes Mt. Vernon, N.Y. officers grab sexagenarian pedestrian and, without identifying themselves, cuff him and hustle him into their unmarked car as he yells himself hoarse begging bystanders to call 911. Oops! He’s not their suspect (who’s wanted for misdemeanor groping). Second Circuit (unpublished): These things happen.
- Second Circuit: Even though the defendant failed to even respond to the complaint, the district court nonetheless dismissed this case because the alleged copyright infringement was fair use, which was error because this totally isn’t fair use! Concurrence: Guys, don’t freak out, but I think I’ve come up with an easier way to
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.
