New on the Short Circuit podcast: We recorded an episode at our tenth anniversary present final week. Hear from Eugene Volokh and Raffi Melkonian about video dissents and one arbitration to rule all of them.
- California assesses a tax on in-state hospitals that it makes use of to generate matching federal Medicaid funding after which distributes the funds as supplemental funds to hospitals treating Medicaid sufferers. The funds are supplemental, performing as a bonus to hospitals for treating the state’s Medicaid sufferers. However wait! Out-of-state hospitals deal with California Medicaid sufferers and might’t get any of these supplemental funds. D.C. Circuit: Which is completely fantastic. As a result of it is merely a complement after the bottom prices are paid (to in-state and out-of-state suppliers alike), it does not discriminate towards interstate commerce. Dissent: But it surely violates a federal regulation that requires the state to pay for out-of-state providers to the identical extent it does in-state providers.
- Two varieties of passes can be found for journalists wishing to entry the White Home Press Space: laborious move (expedited safety line, no escort wanted) or day move (each day software and escort from gate to press space). Onerous passes are solely accessible to reporters already accredited by the SCOTUS or congressional press galleries. First Modification violation? D.C. Circuit: No. It is a cheap and viewpoint impartial coverage for accessing a nonpublic discussion board.
- An expelled Tar Heel alleges (amongst different issues) that after a fellow UNC scholar testified towards him in a Title IX listening to, he’s in some way allowed to cross-examine solely her lawyer, not the complainant herself. Fourth Circuit: Going ahead, some type of cross-examination of witnesses have to be accessible in Title IX proceedings at state universities, even when simply by a impartial panel. For now, although, a mishmash of immunity doctrines bar the expellee’s claims for damages. He would possibly nonetheless be capable to get equitable reduction.
- To discourage vexatious litigation, prisoners who’ve filed three or extra significantly weak lawsuits cannot file extra federal lawsuits with out paying the same old submitting charge, until they’re in “imminent hazard of significant bodily harm.” Which one Virginia prisoner is likely to be, holds the Fourth Circuit, at the least when he is alleged that jail officers made him spend six hours within the chilly in a canine cage, and so they proceed to retaliate towards prisoners who complain about mistreatment.
- Fortunately, you do not see too many concurrences today in regards to the thirteenth Modification’s authorization for Congress to move legal guidelines towards slavery. However if you wish to learn a tragic Fourth Circuit case affirming convictions beneath the Trafficking Victims Safety Act, which undoubtedly covers pressured labor inside the house in addition to exterior it, right here you go.
- The caption triggered your middle-aged summarist to do a double-take, however the appellant referenced on this unpublished Fourth Circuit determination is a totally different convicted assassin named Willie Horton.
- Texas decide refuses to carry out same-sex weddings; will carry out opposite-sex weddings. State Fee on Judicial Conduct says that judges shouldn’t conduct their non-public actions in ways in which might recommend they’re biased. Decide sues the Fee beneath the First Modification. Fifth Circuit: However does that rule even apply to this? Query licensed to the Supreme Courtroom of Texas!
- This quite anticlimactic Fifth Circuit determination is about strip golf equipment. Sounds enjoyable at first, however all you will get is an eyeful of res judicata.
- Are the officers who arrested a journalist for asking questions of a authorities worker entitled to certified immunity within the journalist’s First Modification lawsuit? District court (2020): Sure. Fifth Circuit (2021): No. Fifth Circuit (2022): Nonetheless no. Fifth Circuit (en banc, 2024): Wait, truly, sure. Supreme Court (2024): Perhaps rethink that one, guys. Fifth Circuit (en banc, this week): Shan’t. It is nonetheless sure.
- Any case the place there is a preliminary injunction ordering the defendant to cease making edits to its opponent’s Wikipedia web page and to “[r]emove all pictures of the cartoon East Asian lady vendor from its webpages” is a case the place issues have gotten slightly out of hand—and in addition, per this unpublished Fifth Circuit determination, one the place the injunction violates the First Modification.
- Texas trespass regulation requires property house owners who wish to exclude folks carrying firearms from their property to say so through a giant and really particular signal. Fifth Circuit (unpublished): And requiring them to place up that signal creates a believable First Modification harm. (Dissent: They put up the signal as a result of they agreed with it. How is {that a} First Modification drawback?)
- Can faith-based organizations state a declare beneath RLUIPA by alleging that native land-use selections successfully prevented them from visiting the graves of their enslaved ancestors? Fifth Circuit: Beneath RLUIPA and beneath a bunch of different stuff as nicely.
- Sixth Circuit: How on this planet might this jail guard have been intentionally detached to a prisoner’s medical wants when the guard did not even work for the 2 days when medical consideration was denied? (However as for the half the place that very same guard triggered these accidents within the first place for seemingly no good purpose? Yeah, no certified immunity there.)
- Should you liked Brown I, Brown II, Brown III, Brown IV, and Brown V, then boy has the Sixth Circuit obtained a deal with for you.
- Iowa prisoner injures his knee. It will get worse and worse—his hip additionally begins to harm and ultimately his different knee goes south as nicely. Alongside the way in which jail workers suggest a knee brace and ibuprofen however pooh-pooh numerous requests for MRIs. When he lastly will get the MRIs, they result in surgical procedure. He claims that one purpose for the delay was the likelihood that he would possibly get parole, which might have obviated the jail’s accountability. District court docket: And there is sufficient proof to make this a query of reality. To a jury! Eighth Circuit (over a dissent): Affirmed.
- One factor you will study from the newest new-pronouns-don’t-tell-mom case, this time from the Ninth Circuit, is that figuring out basic rights is not like certified immunity. So there’s that.
- Should you’re inquisitive about how one can write jury directions in a Hobbs Act extortion prosecution, this little ditty from the Eleventh Circuit (the place a Dixie County, Fla. protection lawyer efficiently overturns a conviction) ought to satiate that need.
- Black HOA board member complains of racist remedy by others within the HOA, together with selective enforcement of HOA guidelines and charges, calling folks of colour “monkeys,” and saying “bye, Felicia” to her when that’s not her title. District court docket: The legal guidelines you are mentioning—the FHA and Sections 1981 and 1982 of the Civil Rights Act—do not even apply to those information. Case dismissed. Eleventh Circuit: “Residence possession has lengthy been seen as the center of the American Dream.” Case undismissed.
- And in en banc information, the Eleventh Circuit is not going to rethink its earlier decision holding that Title IX doesn’t present an implied proper of motion for intercourse discrimination in employment. Two judges concur within the denial, explaining that intercourse discrimination in employment is a matter for Title VII, whereas 5 judges dissent from denial.
IJ’s first case approach again in 1991 was on behalf of African-style pure hair braiders who challenged Washington, D.C.’s requirement that they get full cosmetology licenses to apply their craft. After we gained that case, we took the combat nationwide, and this week New Mexico turned the thirty seventh state to exempt pure hair braiders from their cosmetology licensing regime. Study extra here.
