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.
Victory! Five years ago, a SWAT team blew up Vicki Baker’s house in an attempt to apprehend a fugitive. But, sad news, last year SCOTUS declined to take up the question of whether destroying an innocent person’s house is a Fifth Amendment taking requiring just compensation. (Two justices called for more percolation below.) But now! Thrilling news! This week, a federal court reentered judgment in Vicki’s favor under the Texas Constitution. Click here to learn more.
New on the Short Circuit podcast: Scott Lincicome of Cato breaks down what’s up at the Court of International Trade and IJ’s Jeff Rowes breaks down the Texas attorney general.
- In 2019, New York decriminalized abortion, authorized them throughout pregnancy (limiting them after 24 weeks to circumstances with a non-viable fetus or when the mother’s life/health is at risk), and eliminated fetal homicide from the state’s criminal laws. This, claims a social worker and a viable fetus dubbed Baby Nicholas, violates fetuses’ constitutional rights to life and equal protection. Second Circuit: No standing. The social worker has only speculated that, at some point in the future, an unidentified woman may seek to obtain an abortion of an unidentified fetus from an unidentified abortion provider—and that isn’t enough. As for Baby Nicholas, the risk of harm is too attenuated to provide standing, whether for damages (a risk of future harm that never materialized) or injunctive/declaratory relief (insufficiently imminent harm).
- Atlantic City, N.J. fire dept. prohibits employees from having beards because they inhibit the seal on protective breathing masks used while fighting fires. But Mr. Smith, the technician who maintains the masks, says his Christianity requires a beard and that nobody in his role has had to do fire suppression for decades. Third Circuit (via shifting majority over two partial dissents): Unlike the more famous Smith, this Smith has a viable religious liberty violation.
- Fourth Circuit: Since 2005, when the Supreme Court admonished lower courts to quit dinging so many cases on Rooker-Feldman grounds, we haven’t once found that a district court lacked subject-matter jurisdiction in a published opinion because of R-F. Oh snap! “That streak ends today.”
- Norman Rockwell drew four panels of West Wing visitors waiting for an audience with FDR, which he then gifted to FDR’s Press Secretary, Stephen Early. Early died intestate, leaving a widow and three children, who filled out the family tree with six grandchildren now sparring over the panels. Ride along with the Fourth Circuit in a decision that includes a reproduction of the panels, a family tree and accompanying drama, a history (back to the Romans) of the presumption that possession is nine-tenths of the law—and a conclusion (over a dissent) that the grandson who physically has the panels owns them.
- “As a matter of fact if it wasn’t for [union organizers] trying to steal money out of your paychecks you would already have your raises.” Protected speech? Or an unlawful threat of reprisal for labor activity? Fourth Circuit: Unlawful. So this Virginia trucking company must now bargain with the union that lost election by a vote of 65-30.
- The Fourth Circuit is absolutely not holding that the Trump
Article from Reason.com
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