Please enjoy the latest version short circuita weekly feature report from the Institute for Justice Research.
new Certificate Application: Does the Fourteenth Amendment require a meaningful review of restrictions on the right to work in a common profession? IJ says yes, it doesn’t make any sense that Kentucky’s restrictions on home health agencies preventing a pair of entrepreneurs from opening a new agency to cater to Louisville’s large Nepali speaking community. Click here understand more.
- FCC officials suspect that some radio broadcasts were secretly paid for by the Chinese and Russian governments. As a result, it issued an order requiring licensed broadcasters to independently verify that broadcast sponsors have not made foreign governments footing the bill.the only problem, say DC circuit, that is “not a law made by Congress.” The FCC has the power to require licensees to ask employees and sponsors about foreign governments, but cannot compel licensees to conduct independent research.
- A congressional committee tried to subpoena then-President Trump’s private accounting firm. Now on remand by SCOTUS, the committee chairs have explained in more detail why they want what they want: new legislation on the president’s self-dealing. DC circuit: There are still decentralization issues, but afterwards The explanation is no problem, and the subpoena is basically no problem. However, let’s narrow it down a bit. Agreed: wow, these are big questions.how about one of you bank? (Note: Justice Ketanji Brown Jackson can be said to be “cycling circuit“In this case, because she was a member of the debate panel and was a judge at the time of its release (though she was not involved in writing the opinion).
- Does the NYPD violate the 2nd Amendment for a Bronx man who was not convicted of a domestic violence arrest in 2011 with a license to possess a shotgun or rifle in his home?The district court said no, but we’re going to send it back to look at it again, saying second circuitGiven the recent Supreme Court ruling.
- Anonymous internet users have uploaded instructions for 3D printed gun parts and accessories marked by Everytown for Gun Safety, an anti-gun violence group. Protected imitation? Trademark Infringement? second circuit: Return to District Court to determine whether defendants can proceed anonymously.
- Last year, police in Suffolk County, N.Y., sent a letter threatening to arrest and criminally charge a family specific firearms If they fail to turn in within 15 days. second circuit: No one has actually been arrested or the gun has been forcibly removed, so these plaintiffs have no standing to sue.
- Journalists file a FOIA request with the Secret Service for records related to the president—select Trump before being sworn in on January 20, 2017. second circuit: These are not “institution records” because neither the presidential campaign nor the presidential transition are “institutions.” Even if they were, they would be covered by FOIA’s “unprovoked invasion of personal privacy” exception.
- Like a newborn baby wrapped in an ignorant cashmere blanket, Fourth Circuit The government’s opposition to the 2003 firearms conviction of a government-sanctioned man was considered “confusing”. admit Actually innocent. But while we may never know why the government did this, at least here, criminal defendants have the upper hand.
- In the summer of 2019, Corpus Christi, Texas, police attempted to round up gang members with pending criminal warrants. One of the gang members, described only as a Hispanic male, was seen in an unidentified location riding a bicycle with large handlebars in the “leopard and upper reaches”. Police found a man in the area who fit a meagre description, stopped him and searched him. oh oh! This is the wrong guy, but he’s a possessive felon. The man moved to suppress the pistol, arguing it stopped without a reasonable doubt. Fifth Circuit (dissenting opinion): He is right. We rejected broader descriptions as too few to justify an investigative stop.
- Despite a court-ordered civil execution or release of the incapacitated man, he was held in the Clay County Jail in Mississippi for six years (until local news start asking questions). Fifth Circuit: Not only that, both current and former sheriffs lied to the courts. Sheriffs have no qualified immunity.
- In 2014, Texas prison officials banned the Land of the Gods and Earth religious groups from gathering. Official: We have a new policy to lift the ban. The case is pending. Fifth Circuit: Instead, policy allows only these prisoners Application gather. Justice Ho agreed: “We cannot allow government officials to unilaterally evade judicial scrutiny – especially when they openly admit that their behavioural change was strategic rather than sincere.”
- Police stopped a motorist leaving a rest area in Lake Charles, Louisiana. The search found contraband. Was it to stop him for the purposes of the Fourth Amendment? District Court: No, the police did not walk up to his car in person. He is free. Fifth Circuit: This is a stop, especially since state law requires motorists to stop at the command of an officer. Look again at the action to be suppressed.
- Fifth Circuit: You cannot vacate a five-year-old judgment just because the SEC coerced you to waive your First Amendment rights as a condition of the settlement. Agreed: It does, but bullying people into giving up their First Amendment rights seems like something destined to have consequences someday.
- District Court: Corrill County, Texas, jail officials responded to a disruptive detainee with reasonable, controlled force and withdrew once she was restrained. Qualified immunity. Fifth Circuit: Yes, that’s the defendant’s version of events, which we cannot review at the summary judgment stage. The plaintiff’s facts show that the detainee was knocking on her cell door with her hairbrush, so the police pepper-sprayed her repeatedly, punched her multiple times, and then, even after she was handcuffed and prone, Their 230- and 390-pound bodies were on her back until she died. In that version of the event, there were no qualifying immunity.
- In 2017, Detroit officials— have a habit Forcing people into foreclosure over exorbitant tax bills — 260,000 property tax assessments mailed, telling homeowners they have up to four days to challenge those assessments or lose their chance for judicial review forever. The deadline will indeed be extended, but officials will not notify homeowners individually, relying instead on announcements at city council meetings and local news coverage. Would this violate due process? Congress passed a law requiring local tax issues like these to be brought to state courts, Sixth Circuit, unless there is no clear avenue for review in state courts. Which (objection) is not here. The case was not dismissed.
- Did Westfield, Indiana officials ban the placement of large digital billboards on private property in town a violation of the First Amendment? The district court said yes, because the city’s distinction between on- and off-field signs allows officials to discriminate based on the content of speech. Seventh Circuit: However, since the Supreme Court just got hit by a torpedo Following that line of reasoning, this goes back to another angle (and another opportunity to develop a record).
- St. Paul, Minnesota police officer Heather Wake, who was also a federal task force agent who framed dozens of innocent people in the process of creating a non-existent interstate sex trafficking ring. One of her victims, who was in federal custody for years before being acquitted, sued that Wake’s lies violated the Constitution. Eighth Circuit: You can’t sue her as a federal agent because federal agents have de facto absolute immunity. You also can’t sue her as a local official because her bogus investigation is federal. (Note: This week, in a case involving another victim, IJ Ask the Supreme Court Tell the Eighth Circuit to take another look at Wake’s federal immunity. )
- Does the First Amendment have the right to record the police? Tenth Circuit (2021): Can’t say. will not say. Tenth Circuit (2022): Absolutely, and it is a clearly established right. As a result, the Lakewood, Colorado officer, who is not eligible for immunity, allegedly flashed a flashlight at a citizen journalist’s cell phone and camera, then drove his patrol car directly to the reporter after being told by a colleague to turn it off. Speeding away, he turned around, shot a reporter, turned to avoid hitting him, and blew his air horn.
- After the Utah Highway Patrol pulled over an out-of-state driver for allegedly violating the window tint, he let the man go and issued a warning. But then the officer contacted a police buddy and told him to “stop” the driver in order to walk a poisoned dog around the car. The second soldier does so. The dog sounded an alarm in the car, leading to a search, but no drugs were found, and officers again released the man with a warning. man sues, prose, claiming that serial cessation violated his Fourth Amendment rights. District Court: Qualified Immunity. Tenth Circuit: Look at that again.
- Contractors in Kansas have a program in which they wire money to noncitizens without work permits to hang drywall for other companies. The FBI is prosecuting contractors under a statute that makes it illegal to “encourage” or “induce” illegal entry or presence in the U.S., regardless of what the defendants themselves have said, and whether the statute is overly broad, leaving a “substantial” number of protected speech illegal? Tenth Circuit: Yes. This law has to take superbroad L. Dissent: It’s a very powerful medicine when we can read the statute in another way.
- Dunedin, Florida, a man in his seventies who left town for about two months to settle on his mother’s property, died unexpectedly of the man he paid to mow his lawn. Without notice, city officials were fined $500 a day for overgrown, totaling $285,000, plus interest. He couldn’t get his money on time, so officials sought to foreclose on his home. Excess fine? Violation of due process? Eleventh Circuit: No, state law allows fines of up to $500/day for municipal violations, he should file a due process claim in state court. (This is an IJ case.)
- while in amicus curiae briefing News, IJ asked the Supreme Court to tell lower courts to begin exercising full jurisdiction over federal agencies, rather than intuition that Congress wanted to let agencies continue unfettered.
Friends, Iowa’s Constitution begins with some stirring words: “All men and women are essentially free and equal, and have certain inalienable rights – among them the enjoyment and defense of life and liberty, the right to acquire, own and protect property, and to pursue and obtain safety and happiness.” But do these words really mean anything? Regrettably, the Iowa Supreme Court declined last month, applying a reasonable basis review, all but making the provision judicially unenforceable. This is a real shame. Click here Learn about the enforcement history of this clause.