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.
This week, the DOJ announced that the DEA will cease its “cold consent encounters” at airports, during which agents demand to search people’s bags while telling them things like, “I don’t need your consent.” The suspension coincides with an inspector general report condemning the practice. “We welcome DOJ’s suspension of this program as a first step,” says IJ Senior Attorney Dan Alban, “but policy directives can be changed at any time, under this or future administrations. We call on Congress to pass the FAIR Act to permanently reform federal civil forfeiture laws.” In the meantime, IJ is currently suing the DEA and TSA over their airport seizure and forfeiture practices.
New on the Short Circuit podcast: Wisconsin appellate attorney Joseph Diedrich explains the ins-and-outs of the Rooker-Feldman doctrine amidst a most Seventh-Circuity Seventh Circuit en banc decision.
- In ordinary circumstances, we would assume this First Circuit opinion’s description of the Lizzie Borden story as “grizzly” was just a typo. But since this is a Judge Selya opinion, we expect it was instead a deliberate word choice meant to convey that the age-old story has gone a bit gray. (Bonus vocabulary words include “pellucid,” “exigible,” and “rescript.”)
- Caldwell County, Tex. has a policy of categorically excluding the press and the public from observing criminal pretrial proceedings commonly referred to as magistrations, at which the accused is informed of the charges against him and the rights to which he is entitled. Does this violate the First Amendment right of access to judicial proceedings? Fifth Circuit: Applying the “experience and logic” test, it sure seems to. Preliminary injunction affirmed.
- Texan meth and fentanyl importer pleads guilty in 2022 and receives a “career-offender enhancement” at sentencing. He objects because his prior marijuana convictions wouldn’t have been “controlled substance offenses” after 2018 reforms. Fifth Circuit: We agree, and thus also agree with three other circuits.
- We won’t go too deep into this half-decade, four-Fifth-Circuit-opinion death march of a lawsuit over whether the City of Jackson or the State of Mississippi gets to control the governance of the Jackson-Medgar Wiley Evers International Airport. But we do wonder whether the Article III standing issue that finally put the kibosh on the case this past week could quite easily have been addressed in the first appeal—five years ago—with a little assist from 28 U.S.C. § 1653. If that piques your interest, we won’t deprive you of the joy of going down that rabbit hole yourself. If it doesn’t, well, just keep swimming.
- Ohio woman seeks approval to collect signatures for a ballot proposal to amend the Ohio Constitution to eliminate gov’t immunities in certain state-law causes of action. The Ohio At
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.
