The Latest Breaking News from the Fourth Circuit

An astonishing ruling, and one that creates splits on two differerent issues.

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Pepper spray, carry permits, and adult cabaret.

An important case on "The Digital Fourth Amendment"

From U.S. ex rel. Oberg & Camoin v. Nelnet, Inc., decided yesterday by the Fourth Circuit, in an opinion by Judge Julius Richardson, joined by Judge Barbara Milano Keenan and District Judge Elizabeth Dillon (W.D. Va.): In 2007, Jon Oberg filed a lawsuit under the False Claims Act against various…

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

In Speech First, Inc. v. Sands, the Court vacated the Fourth Circuit's decision upholding Virginia Tech's Bias Intervention and Response Team Policy, on the grounds that the case had become moot. Justice Jackson would have denied the petition because of her views about when lower court decisions should be vacated…

United States v. Chatrie is heard in the Fourth Circuit.

"Appellant wants the option to hide behind a shield of anonymity in the event he is unsuccessful in proving his claim, but he would surely identify himself if he were to prove his claims."

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.