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.
New on the Short Circuit podcast: Major Questions about the SEC and dirt sampling without a warrant.
- Going in the other direction from most states, in 2023, Virginia legislators outlawed certain products containing THC that are actually legal under federal law per Congress’s 2018 “hemp” reform. Does that reform, or the dormant Commerce Clause, nullify the new state legislation? Fourth Circuit: No standing for some aspects of the challenge but likely to lose on the rest anyway. No preliminary injunction.
- To receive certain assistance from the Small Business Administration one must be economically and socially disadvantaged. Members of certain racial groups have a “presumption” that they are socially disadvantaged. Disabled vet business owner is twice denied assistance. He sues on the grounds that he wouldn’t have been but for his race. District court: A speedier litigant has already obtained an injunction in another circuit, so this case is moot. Fourth Circuit: But that case isn’t final yet, so this case is not moot. Except it doesn’t really matter because the complaint fails to allege standing.
- Allegation: Raleigh, N.C. high schooler runs for junior class VP. Three other Black students run for sophomore rep. Mysterious Twitter accounts then surface promoting the election but not mentioning these Black candidates. Plus, the Black candidates’ campaign materials are defaced around the school. Once the ballot appears the Black candidates aren’t on it. Because of this and various other fiascos the election is delayed and redone, but of the four Black candidates only the prospective VP runs again. The delay leads to cyberbullying of her, various rumors, and bomb threats. The student newspaper has a cartoon of a cockroach saying its kind is underrepresented. School officials don’t do much to address all this. The VP candidate loses the election and continues to suffer harassment. District court:
Article from Reason.com
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