D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
The D.C. Circuit panel vacated a district‑court stay, permitting the Department of Homeland Security to implement its expanded "expedited removal" policy that began in January 2025. The majority, led by Judge Walker, found no due‑process violation, while Judge Rao concurred in the judgment but argued the issue should be insulated from judicial review. Judge Wilkins partially concurred and dissented, emphasizing jurisdictional limits under IIRIRA. Anticipating an en banc petition, observers expect the liberal full court may revisit the decision, potentially sending the matter to the Supreme Court.
Supreme Court Issues Terrible Takings Decision in Pung V. Isabella County
The U.S. Supreme Court issued a unanimous opinion in Pung v. Isabella County, holding that owners whose property is taken through tax foreclosure are entitled only to the difference between the auction price and the delinquent tax debt, not to...
Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds
Federal District Judge Patrick Schiltz ruled that six grand‑jury subpoenas served on Minnesota’s governor, mayor and other officials were unconstitutional under the Tenth Amendment’s anti‑commandeering doctrine. The subpoenas were part of ICE’s “Operation Metro Surge,” which deployed roughly 3,000‑4,000 federal...
Settlement as to "California Law Prohibiting Anyone From Sharing Lawfully Obtained Information About Sealed Arrest Records"
A lawsuit filed by the Foundation for Individual Rights and Expression (FIRE) and the First Amendment Coalition prompted California and San Francisco to settle, agreeing not to impose civil penalties on journalists who reported on a tech CEO’s sealed arrest...
How To Assess AI-Aided Students?
The author, a constitutional law professor, proposes replacing traditional take‑home and proctored exams with brief, in‑person oral midterms to curb AI‑generated cheating. He describes how students now use tricks like vaseline‑covered webcams and smart glasses to feed questions to ChatGPT...
No Right to Videorecord in Tax Collector's Office
The 11th U.S. Circuit Court of Appeals affirmed a district court ruling that Pasco County, Fla., may prohibit video recording inside its Tax Collector’s office. The court classified the lobby as a limited or nonpublic forum, allowing the agency’s policy...
Man Denied N.J. Gun Permit, Largely Based on Mental Health Records + Social Media Posts
The New Jersey intermediate appellate court affirmed the denial of a Firearms Purchaser Identification Card (FPIC) for a man whose application was rejected by the state police. The decision relied on a "totality of the circumstances" analysis that combined prior...
Wisconsin S. Ct. Strikes Down Race-Based College Aid Program
The Wisconsin Supreme Court ruled in Rabiebna v. Higher Ed. Aids Bd. that the state’s race‑based college aid program is unconstitutional, aligning the decision with the U.S. Supreme Court’s Students for Fair Admissions ruling. The program had allocated funds to...
Guns, Aliens, Indians, Registration Numbers, and John Jay
The Ninth Circuit affirmed that non‑citizens must provide an alien registration number on ATF Form 4473 when buying a firearm, rejecting a claim that the requirement violates the Second Amendment. The court relied on precedents such as U.S. v. Rahimi and...
The Law that Citizenship Clause Litigation Forgot: The 1872 Oregon Territory Citizenship Statute
The 1872 Oregon Territory citizenship statute granted U.S. citizenship to anyone born in the territory who was subject to federal jurisdiction at the time the law took effect. Historically, Judge Matthew Deady used the statute’s language to argue that tribal...
AI Agents and the CFAA: Amazon.Com Services V. Perplexity AI
The Ninth Circuit is hearing Amazon.com Services v. Perplexity AI, a dispute over whether an AI agent that accesses Amazon accounts on users' behalf violates the Computer Fraud and Abuse Act (CFAA). The case hinges on whether the AI’s use...
Who Speaks For The Majority In Hunter V. United States?
The Supreme Court issued *Hunter v. United States* with an eight‑justice majority that fractured into two three‑justice blocs and a two‑justice core. Justice Gorsuch, joined by Sotomayor and Jackson, wrote a forceful concurrence attacking the Court’s approach to plea‑bargaining and...
Plaintiff Can't Litigate Claim That "Security Clearance Process" Was Used "as a Pretextual Weapon to Execute an Ideological Purge"
U.S. District Judge Kyle Dudek dismissed Kelli‑Ann Reilly’s lawsuit against the FBI, the Attorney General and the Justice Department, holding that courts lack jurisdiction to review any stage of a security‑clearance determination. The decision relies on the Supreme Court’s *Egan*...
The Most Interesting Supreme Court Opinion Line-Up You Will See This Year
The Supreme Court issued a 5‑4 decision in T.M. v. University of Maryland Medical System Corp., extending the Rooker‑Feldman doctrine to cases where a state‑court judgment remains under appellate review. Justice Sotomayor wrote the majority opinion, joined by Justices Thomas,...
Libel by "Buddy Comedy"
A New York federal court case, *Spatz v. Stewart & TheaterMania*, alleges that critic Zachary Stewart libeled playwrights by labeling their historically grounded drama about the Holocaust, Israel’s founding, and racial injustice as a "buddy comedy." The complaint frames the...