New on the Beyond the Brief podcast: Automated license plate readers are a lot of things, but one thing they definitely are is great tool for stalking.
asserted
they → automate → stalking
J. Walker, concurring: I have comments.
asserted
I → concur → comments
- Rather than provide documents through discovery, the feds now direct people in DHS proceedings to file FOIA requests.
asserted
feds → provide → requests
Their lawyers sue, claiming that this procedure is too slow and the responses often incomplete.
asserted
responses → sue → ?
If the first thing we do is kill all the lawyers, the second is deny standing to those who remain.
asserted
who → do → those
- Uber driver passes six field sobriety tests, and, after he's arrested anyway, his blood tests come back negative for intoxicants.
asserted
tests → pass → intoxicants
So maybe he was telling the truth about pulling over for a nap while business was slow?
asserted
business → tell → nap
Brookhaven, Penn. officer (weeks later): No, I'm filing charges for DUI.
asserted
I → file → DUI
To a jury this must go.
asserted
this → go → jury
- In 2020, a disgruntled lawyer murdered the son of a federal district judge.
asserted
lawyer → murder → judge
Most states responded with laws that restrict addresses disclosure for certain public officials.
asserted
that → respond → officials
But only West Virginia's law goes straight to liability (for, e.g., data brokers) without first requiring a takedown request.
asserted
law → go → request
- Your summarist is not sure exactly how to implement this practice tip (New Orleans voodoo dolls?), but if you are going to ask the Fifth Circuit to extend qualified immunity to a statute where it has never gone before (here, the Fair Labor Standards Act), you really should avoid having Judge Willett write the opinion.
asserted
Willett → implement → opinion
- Undocumented immigrants—who have lived here over a decade, don't have criminal records, and have close relatives who are citizens—ask: Can they be imprisoned for the duration of the deportation process or does the Constitution require an inquiry into whether they're a flight risk or danger to the community?
asserted
they → live → community
- In which the Sixth Circuit holds that the federal prohibition on firearm possession by anyone "adjudicated as a mental defective" does not violate the Second Amendment on its face because it can sometimes be applied constitutionally—like to this defendant, who could have petitioned to have his rights restored under Missouri law but "[i]nstead, he drove to Fort Knox wearing body armor and possessing eight guns."
uncertain
he → hold → guns
- Now-former Perry Twp., Ohio police chief attempts to intimidate auditor hired to look into his practices, culminating in his filing misdemeanor charges against her—and then pursuing them as if they were felony charges, i.e., having her arrested outside his jurisdiction and ensuring she spends 36 hours in jail instead of just receiving a summons.
asserted
she → attempt → summons
To a jury this must go.
asserted
this → go → jury
Lower courts, it's almost never Rooker-Feldman; stop dismissing cases.
asserted
it → stop → cases
OK, sometimes it's Rooker-Feldman, but don't go nuts.
asserted
it → go → ?
We are holding the line; the district court was wrong to invoke Rooker-Feldman where the plaintiffs are challenging administrative action that predated any court decision.
asserted
that → hold → decision
We're glad you asked.
asserted
you → ask → ?
]
- The Durbin Amendment to the Dodd-Frank Act authorized the Federal Reserve to regulate debit-card interchange fees (the per-swipe fee that banks charge merchants when you use a debit card).
asserted
you → authorize → card
But it instructed the Fed to limit those fees to only the "incremental cost incurred" in the transaction.
asserted
it → instruct → transaction
Let's just call it 21 cents.
asserted
's → let → it
You might have gotten away with that sort of thing in the Chevron era, but nowadays, "We say 'what the law is.'"
uncertain
law → get → era
The 21-cent cap is vacated.
asserted
cap → vacate → ?
- Each year, the State Dept. must hold a lottery and award up to 55,000 visas to people from countries with low rates of immigration to the United States.
asserted
. → hold → States
This year, however, officials decided not to.
asserted
officials → decide → ?
Lawyers who represent visa selectees sue.
asserted
who → represent → selectees
If the first thing we do is kill all the lawyers, the second is deny standing to those who remain.
asserted
who → do → those
- Fifteen days before the midterm elections, the Department of Justice sued California, seeking a temporary restraining order that would require the state to sequester ballots that DOJ alleges were sent to non-citizens.
asserted
DOJ → sue → citizens
Ninth Circuit (Monday, per curiam, over a dissent): We're not going to order that.
asserted
We → go → that
Ninth Circuit (Friday, per curiam, over a dissent): We're not going to order that.
asserted
We → go → that
Berkeley, Calif. officials seek to shut down a homeless encampment on city property to stymie a leptospirosis outbreak.
asserted
officials → seek → outbreak
The city, among other things, needs to first follow the ADA.
asserted
city → need → ADA
That makes sense, here's a P.I. Ninth Circuit (per curiam, 73 pages): P.I. is stayed, but only a bit of it.
asserted
stayed → make → it
Partial dissent: Rats are spreading this disease, and we're worried about the ADA?
- California prohibits employers from requiring employees to attend meetings where religion or politics (including unionization) will be discussed.
asserted
religion → spread → unionization
That's a content-based restriction on speech.
asserted
That → base → speech
The law doesn't apply to meetings about how to fill out firm paperwork.
asserted
law → apply → paperwork
It's content based.
asserted
It → base → ?
…and 7 more, not listed.
The Aporia