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.
At The Unpopulist, IJ’s Anthony Sanders digs into the Supreme Court’s inequitable evisceration of universal injunctions.
This week on the Short Circuit podcast: Is yoga speech? And what’s a scrivener’s error?
On the latest episode of Unpublished Opinions, IJ’s roundtable podcast: Things get heated when opening the Bluebook, secrets are dished about dictionaries, and the team ponder what it’s all about when it comes to public interest law.
- Man with two Ohio felony convictions from the early 1990s turns his life around, gets a Ph.D., obtains a security clearance, and eventually receives a pardon from the Ohio governor, which allows his conviction to be sealed. He applies for a job with the FDIC, which rejects him when he informs them about his sealed conviction. Dr. John Doe then files a pseudonymous lawsuit against the FDIC, challenging its blanket ban on hiring felons. D.C. Circuit: But he cannot do so anonymously.
- Proxy advisory firms give recommendations to institutional investors on how they should vote on shareholder governance proposals. In 2019, the SEC starts treating these recommendations as “solicitations,” subjecting advisory firms to a slew of additional regulations. D.C. Circuit: Which is wrong. If anyone is soliciting here, it’s the investors soliciting opinions from the firms, not the firms soliciting votes from the investors.
- Man arrested for robbery and destruction of property is released on his own recognizance. But before he can leave the courthouse, U.S. Marshals detain him on an “ICE hold.” Man files a class action, arguing that the marshals acted outside their authority. D.C. Circuit: Just so. Only people who have undergone certain training are allowed to make civil immigration arrests, and the marshals haven’t done that. But class-wide relief was inappropriate.
- The FAA categorically bans pilots who are taking the antidepressant mirtazapine from flying, whereas pilots taking other medications get evaluated on a case-by-case basis. D.C. Circuit: We’re not inclined to second-guess why the FAA does that, but it does have to have reasons and, y’know, tell us what they are.
- Documentary filmmaking associations: The State Department is requiring visa applicants to disclose their social media accounts. This harms us because it makes people less likely to share information on social media that we rely on. D.C. Circuit: But even if we enjoined the policy, consular officials could still review visa applicants’ social media profiles on a case-by-case basis, which for all we know would have the same chilling effect. So no redressability, no standing.
- Puerto Rican man serving life sentence (for, among other things, murdering his DEA informant girlfriend) needs a CPAP machine to treat his sleep apnea and severe hypertension, and the feds show no inclination to give him one. Compassionate release? First Circuit: Possibly. The district court needs to take another look.
- Two execs accused of participating in bribery schemes at prominent soccer association, the Fédération Internationale de Football Association, lose pretrial motions to dismiss the charges against them. They’re convicted after a seven-week trial and face years in prison and millions of dollars in penalties. But then! Their posttrial motions for acquittal (arguing honest services fraud didn’t encompass the conduct) are granted. Second Circuit: Convictions reinstated. Foreign commercial bribery where the relevant conduct occurred in the U.S. = super illegal.
- Erratic driver flees police stop, and, during the ensuing high-speed chase, passengers toss crowbars, screwdrivers, two-way radios, and a handgun. (They crash and run into a frozen swamp, from which they have to be rescued by helicopters.) Turns out the gun was used to shoot a Willin
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.
