Short Circuit: A Roundup of Recent Federal Court Decisions
Cherry regulation, landfill corruption, and taking some air.
Courts
Big Pretrial Justice Reforms Included in New York’s Budget
Better evidence sharing and a dramatic drop in cash bail demands will help defendants challenge charges.
Preet Bharara’s Boy Scout Manual of ‘Doing Justice’
The former U.S. attorney for the Southern District of New York unconvincingly channels Atticus Finch in his legal memoir.
Maybe Now We Can Finally Read This Star Trek/Dr. Seuss Mash-Up
Federal judge's ruling in a fair-use lawsuit "is a big win for the First Amendment."
SCOTUS Says Trump’s Transgender Military Ban Can Take Effect…for Now
The Court voted along ideological lines.
Did SCOTUS Just Rule That Pickpocketing Is a ‘Violent Felony’?
Justice Sonia Sotomayor has some concerns.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Federal Judge: Commerce Secretary Wilbur Ross ‘Violated the Public Trust’ with Census Citizenship Question
The Trump administration can't ask about citizenship on the 2020 census, Judge Jesse Furman ruled.
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Judge: Trump Administration’s Steel Tariff Rationale ‘Makes Me Scratch My Head’
The Trump administration's response to a lawsuit challenging steel tariffs is a deeply un-conservative argument for greater executive power.
Your Right to Bear Nunchucks Is Safe
A federal court has struck down a New York ban inspired by kung fu movies.
Federal Court: Secretly Recording Government Officials Is a First Amendment Right
The ruling extends to secret recordings of police officers.
8 Years in Prison for Voting Illegally Is Way Too Much
But not according Texas Attorney General Ken Paxton.
Texas is Trying to Execute a Man for a Murder He Didn’t Commit
The Texas Court of Criminal Appeals denied a recommendation to relieve him of execution.
Neomi Rao Was Right About Dwarf Tossing, Dignity, and Consent. She Deserves To Be a Federal Judge.
A defense of Brett Kavanaugh's nominated replacement on the D.C. Circuit.
Over 20,000 New Jersey Drunk-Driving Cases Might Be Tossed Due to Uncalibrated Breath Tests
New Jersey State Police Sgt. Marc Dennis was charged with falsifying records.
This Ousted Judge Just Released All the Juvenile Defendants Who Promised Him They Wouldn’t Kill Anybody
"He was releasing everybody. Apparently he was saying that's what the voters wanted."
Federal Judge Advocates Jury Nullification After Being Shocked by Overzealous Child Pornography Prosecution
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
San Diego County Officials Said They Could Take Children Away From Parents and Examine Their Genitals, a Court Disagrees
"The Mann children were subjected to invasive, potentially traumatizing procedures absent constitutionally required safeguards. "
Federal Judge Says Tennessee Shouldn’t Punish Poor Drivers for Being Poor
The state can no longer suspend poor people's driver's licenses over unpaid traffic tickets, Judge Aleta Trauger ruled.
NYC Prosecutors Drop 3,000 Weed Cases
New York State as a whole seems to be moving toward legalization.
Jeff Sessions Tells Immigration Judges: Don’t Let ‘Sympathy’ Stop You From Kicking People Out of the Country
"Your job is to apply the law-even in tough cases," the attorney general said.
John Bolton to Threaten Sanctions if International Criminal Court Investigates U.S.
"For all intents and purposes, the ICC is already dead to us," Bolton reportedly plans to say.
Arizona Supreme Court Blocks Proposed Tax Hike, Saying It’s Too Confusing
The ballot initiative, which would have raised money for education by hiking taxes on the wealthy, "creates a significant danger of confusion or unfairness."
Federal Court: First Amendment Protects Feeding the Homeless—Sort Of
Referencing Shakespeare, the Bible, and American colonial times, a federal court rules in favor of a group's right to feed the homeless.
Trump’s Rally Isn’t the Craziest Thing Happening in West Virginia Right Now
West Virginia's entire Supreme Court was impeached last week. And things have only gotten weirder since then.
ICE Kept This Citizen and Father of 4 Locked Up for Nearly 2 Years
Levy Jaen is finally home, but only after a court affirmed what he's always known-that he's a U.S. citizen.
Judge Threatens Censorship After Newspaper Reveals Bureaucratic Errors in Parkland Lead-Up
"If I have to specifically write word for word exactly what you are and are not permitted to print…then I'll do that," the judge said.
Court Tosses Out Conviction Due to Lack of Face Tattoos in Lineup
A suspected robber's ink caused an appeals court to overturn his conviction.
West Virginia’s Entire Supreme Court Just Got Impeached
The four justices allegedly spent more than $1 million in taxpayer funds on office renovations.
Arkansas Judge Sued Over Ruthless Cycle of Jailing of Those Who Can’t Pay Fines for Minor Crimes
In many cases the sentence for missing a payment is harsher than the original conviction.
Federal Judges Order New Orleans Courts to Stop Shaking Down Citizens with Fees, High Bail
When half of a court's funding comes from criminal defendants, incentives get twisted.
TSA Screeners Can’t Be Sued for Abuse, Federal Court Rules
The court admits the victims of TSA abuse "will have very limited legal redress."
Is Membership in a Conservation Organization Proof of Criminal Intent to Harm Cattle?
Prosecutors in southern Utah have argued that they can prove that the closing of a corral gate was the crime of attempted wanton destruction of livestock by pointing to a defendant's membership in a conservation organization. Today I argue to the Utah Court of Appeals that it should review the First Amendment implications of the prosecutors' maneuver.
Federal Judge Rules Against Suspending Poor People’s Driver’s Licenses for Unpaid Court Fines
"[A]s applied to indigent drivers, the law is not merely ineffective; it is powerfully counterproductive."
Federal Judge Dismisses Climate Change Damage Lawsuits Against Big Oil
Is it really fair for we who benefited from fossil fuels to blame for global warming on those who supplied what we demanded?
Stossel: Junk Science Locks Up Innocent People
DNA testing reveals that long-used forensic methods are error-riddled.
She Was Caught Shoplifting When She Was 12. Why Is There a Warrant Out for Her Arrest 25 Years Later?
The now working mother says the fine is bizarre, unfair.
The Unpublished Dissent in Cooper v. Aaron
"Of all the tribunals this is the one that should stick to the rules."
Jeff Sessions Doesn’t Like Nationwide Injunctions, Except When He Does
When it comes to this powerful legal tool, everyone's a hypocrite.
The Guantanamo Defense Lawyers Quit Because They Found Microphones in Their Office Walls
The USS Cole defense team came to believe their meetings with their client were being bugged.
Workplace Discrimination Against Gays Is Covered Under the Civil Rights Act, Says a Second Federal Court
A third court disagrees. The Supreme Court had the chance to take on the case to resolve the conflict, but it declined.
Justice Bagenstos?
A prominent progressive law professor seeks a seat on the Michigan Supreme Court
Supreme Court Ruling Means More People Who Plead Guilty Can Appeal
A self-proclaimed "constitutional bounty hunter" is unlikely to be freed, but his case sets a significant precedent for criminal appeals.