Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.
Friends, Wednesday 8th December will see the Supreme Court. Carson v. MakinAn IJ decision. We will also consider whether families who receive tuition assistance for private schools may be prevented from choosing religious schools. To learn more, click here. You can also click here to hear our podcast, where we attempt to convince skeptical people of the benefits of school choice.
- Buzzfeed sued the Department of Justice after unsuccessfully requesting an unredacted copy of 2016 Mueller Report via a FOIA Request. On appeal, Buzzfeed challenges only the district court’s decision to uphold the redaction of information about unidentified individuals—*cough* Don Jr. *cough*—implicated in but not charged with campaign finance violations. D.C. Circuit: Buzzfeed is unable to get everything it desires, but can have a detailed discussion about DOJ’s charging decisions.
- Curtis, a female named Curtis who sustained the most severe injuries when the M/V Galani struck the M/V Marina in Paros Antiparos Strait’s Paros-Antiparos Strait was the one to sue in the United States. Galani’s master claimed forum inconiens, a declaration that caused disaster. No, the First Circuit said so.
- The First Circuit reminds youth that they can be jerks under the First Amendment, but there are limitations to what they can do in school.
- Is it possible for a company to fail to implement safety rules and not discipline employees who follow the orders of their direct supervisor to dig in an unsanitary trench. It disciplined its supervisor. OSHA: Yes, it was close. Fifth Circuit: Affirmed. Dissent: Close call? Dissent: Closer to an insane call.
- Texas bans mask mandates from parents of children with disabilities. District court: This mask-mandate ban is in violation of the ADA. Fifth Circuit: While we review the matter more deeply, it may be that the ban is not in effect.
- Three women in Miami Township, Ohio are raped and sexually assaulted by three men in 1988. The tip that a GM security man was being abused by a vindictive supervisor is ruled out as it doesn’t match evidence. The investigation is taken over by a new detective who replaces the initial report that eliminated the guard from the suspect list with one that identifies him as the key suspect. He also creates bad photos and fabricates evidence. After being convicted of the crime, the guard spends 20 years in prison. He’s never exonerated. He files suit. Detective: What is qualified immunity? Sixth Circuit: These claims may be brought to trial.
- In serious-blows-to-the-ego news, the Sixth Circuit holds that a Michigan lawyer has failed to allege that he has any real prospect of “seduc[ing or] debauch[ing]Any unmarried women” is not eligible to challenge the Michigan law.
- Oakland filed suit against the NFL and all other NFL teams for violating antitrust laws by participating in price-fixing and a group boycott after the Oakland Raiders moved to Las Vegas. Ninth Circuit: There is no group boycott, because Raiders was the only team to refuse business with you. For the price fixing claim, you do not have antitrust standing. Contrary: What about antitrust standing? The theory behind this is that, if there were more rules to allow league expansions, more people would apply for them. If a team occupied Las Vegas already, it would make the NFL more attractive and therefore the Raiders might not be able find an even better place for their new home. This is so speculation that it doesn’t even qualify for constitutional status.
- This ruling by the Ninth Circuit en banc upholding California’s ban on high-capacity magazines (i.e. those that can hold more than 10 rounds) is full of opinions. Judge VanDyke “respectfully” dissents. He noted that Circuit’s Second Amendment decisions combined imply the “ridiculous result” that “the Right to Keep and Bear Arms” is. At mostOne janky handgun with 2.2 rounds ammunition might become yours, but only if you keep it locked up in your house.
- Title VII prohibits employers from using retaliation against employees who oppose employer conduct that they believe is in violation of Title VII. However, can they still believe that their beliefs are reasonable when the law doesn’t apply? The Tenth Circuit panel has two-thirds that agree with this statement.
- After analyzing Section 204 of The Trade Act of 1974 in detail, the U.S. Court of International Trade found that imposition of tariffs on solar module imports was “outside of President’s delegation authority.” This article is a quick overview of the Article III court and latest news on Trump-Biden’s tariffs.
- The Fifth Circuit reverses an earlier panel decision which stayed the district court’s order to stop a federal policy allowing federal officials prioritize illegal immigrants without Congress authorization. The appeal is pending.
- In more news en banc, the Sixth Circuit will reconsider the decision to uphold a temporary injunction against a Tennessee law banning abortions when doctors “know” that it is “because of” a fetus’s race, sexuality, or Down syndrome diagnosis. It also prohibits abortions once a fetal beat has been detected. And if it is not struck down, then at six weeks. Eight weeks if it is not. Then, 10 weeks if it is not. This continues for 24 more weeks.
- Further en banc news: The Sixth Circuit won’t reconsider its decision to send to a juror the question of whether Scott County in Tenn. is liable for refusing medication to a pretrial defendant who had a series of seizures and used a bathroom. Judge Readler, dissident from the denial of review cautions against “transforming constitutional prohibitions on punishment into a freestanding right not to be subject to jailhouse medical negligence’.”
It’s highway robbery! IJ client Stephen Lara had his life savings taken by Nevada Highway Patrol Officers earlier in the year. He was not ticketed or given a warning—much less arrested or charged with a crime. You can view the bodycam video of this stop to see if the highway patrol really is in the business protecting, serving, or ripping off law-abiding citizens. You can also click here to learn about Stephen’s challenges to Nevada Highway Patrol’s participation to federal “equitable-sharing” program. It allows state agencies to bypass state law, and then process forfeitures according to federal law.