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The Latest Breaking News from The Tenth Circuit

Short Circuit: An Inexhaustive Weekly Compendium of Rulings from the Federal Courts of Appeal

Predatory incursion, financial fraud, and taking your gun to a fandango.

Reason

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

Reason

"This Case Has Ended Up in a Rather Confusing Procedural Neverland," "in a Peter Pan-esque State of Immaturity,"

"preventing any court from adjudicating on the merits." (Lawyers' true superpower: The power to turn every question into a question about procedure.)

Reason

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Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 3

Continuing my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

Prof. Michael McConnell (Stanford): Amicus Wrong to Call for Judge Cannon's Removal

I'm delighted to pass along this item from my Stanford colleague Prof. Michael McConnell (who also served for several years on the Tenth Circuit): The National Law Journal reports that retired district court judge Nancy Gertner, joined by ethics experts Stephen Gillers and James Sample, have filed an amicus brief…

Reason

Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis Should Be Unsealed

So the District Court in Sen. Mastriano's case just held.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A right to go down in flames, a machete confrontation, and a jury that only goes up to eleven.

Reason

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"Plaintiff Threatened the District Staff's Jobs, Reputation, Careers, and Legal Liability—Not Their Physical Safety"

Tenth Circuit upholds preliminary injunction in favor of volunteer football coach, high school founder, and school district critic.

Reason

District Court Judgment in 303 Creative v. Elenis (the Wedding Web Site Design Case)

Following the Supreme Court's remand to the Tenth Circuit, which in turn led to the remand to district court, Chief Judge Philip Brimmer (D. Colo.) rendered the following order Tuesday: It is ORDERED that plaintiffs are the prevailing parties in this action under 42 U.S.C. § 1988(b). Plaintiffs and their…

Reason

"Pseudonymity Is Unavailable" When "Plaintiffs Seek to Gag Sexual Assault Accusers"

From Levy v. Shuster (né Doe v. Roe), handed down Nov. 28 but just unsealed yesterday, following the expiration of plaintiff's time to appeal: Background. According to the allegations in the First Amended Complaint and Jury Demand …, Plaintiff and Defendant dated for nearly a year while enrolled at Tulane…

Reason

Does the Inevitable Discovery Exception Include Imagined Revised Attempts to Get Warrants?

The Tenth Circuit says "yes," but I think the answer is "no."

Reason

FIRE on the School Restricting "Dont Tread on Me" and Firearms Policy Coalition Patches

From FIRE's letter sent yesterday to the Superintendent of Harrison School District Two in Colorado; I generally trust FIRE's factual accounts in such matters, and I think its legal analysis here is spot on: The Foundation for Individual Rights and Expression (FIRE), a nonpartisan nonprofit dedicated to defending freedom of…

Reason

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Volatile behavior, boorish flirtation, insufficient collegiality.

Reason

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Plaintiff's Being a Possibly Vexatious Litigant May Be Basis for Denying Pseudonymity,

even when plaintiff's lawsuit was connected to her having been allegedly sexually assaulted, which has often (but not always) been seen as a basis for allowing pseudonymity.

Reason

Just The Facts, Ma'am

The importance of the trial records in Students for Fair Admissions and 303 Creative

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