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The Latest Breaking News from Patricia Millett

D.C. Circuit Strikes Down Automated Filtering of Supposedly "Off-Topic" Comments on NIH Site

In last week's People for Ethical Treatment of Animals v. Tabak, the D.C. Circuit (in an opinion by Judge Bradley Garcia, joined by Judges Karen LeCraft Henderson and Patricia Millett), held that NIH's automated filtering of comments on Facebook and Instagram pages was unconstitutional. The filtering was supposedly aimed at…

US appeals court allows EPA rule on coal-fired power plants to remain in place amid legal challenges

US appeals court allows EPA rule on coal-fired power plants to remain in place amid legal challenges

A federal appeals court is allowing a Biden administration rule aimed at limiting planet-warming pollution from coal-fired power plants to remain in place as legal challenges continue

The Independent UK

Judge Tatel's Vision of the Shadow Docket From Inside the Penumbra

"The Court, we were told, 'would really like us to act tonight'—and, if possible, 'within an hour.'"

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Second Amendment Roundup: D.C.'s Magazine Ban Argued Again in D.C. Circuit

It was déjà vu, but this time post-Bruen.

Trump Gag Order Raises Unsettled Constitutional Questions

A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."

Trump’s Niece Says Monday’s Gag Order Hearing Went Horribly For Ex-President: Explains Why He Can Certainly Land Up In Jail

A three-judge panel suggested it could reimpose some of the limited gag orders on Trump in the 2020 election subversion case

Judges aren’t buying Trump’s gag order appeal

Federal appeals court seems open to a narrow order that blocks the former president’s threats

The Independent UK

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Appeals court weighs Trump's arguments against gag order in Jan. 6-related case - Roll Call

Appeals court weighs Trump's arguments against gag order in Jan. 6-related case - Roll Call

A federal appeals court in Washington sounded skeptical Monday of Donald Trump’s arguments that he should not face a gag order.

Appeals courts temporarily lifts Trump’s gag in election fraud case

Appeals courts temporarily lifts Trump’s gag in election fraud case

Special counsel Jack Smith’s team has said Trump’s inflammatory rhetoric about those involved in the case threatens to undermine public confidence in the judicial system

The Independent UK

Appeals Court Panel Seems Skeptical That FOSTA Doesn't Violate the First Amendment

Appeals Court Panel Seems Skeptical That FOSTA Doesn't Violate the First Amendment

The 2018 law criminalizes websites that "promote or facilitate" prostitution. Two of three judges on the panel pushed back against government claims that this doesn't criminalize speech.

The FBI Decided Not To Knock Down a Suspect's Front Door Because 'It Was an Affluent Neighborhood'

The FBI Decided Not To Knock Down a Suspect's Front Door Because 'It Was an Affluent Neighborhood'

"This is such outrageous behavior by the FBI," a D.C. Circuit judge says, calling the agency's special treatment of rich people "deeply troubling."

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