Does A Shadow Docket Ruling Create "Clearly Established" Law For Purposes of Qualified Immunity
The Supreme Court’s emergency‑docket decision in *Mirabelli* halted California’s secret‑transition school policy, while its denial of certiorari in *Foote* allowed a comparable Massachusetts policy to stand, sending mixed signals to lower courts. The split raises a critical question: does an emergency‑docket ruling create "clearly established" law for qualified‑immunity analysis? Practitioners must assess whether *Mirabelli*—a per curiam opinion that reaffirmed historic precedents—sets a binding standard for future claims. The answer will shape how schools defend policies that limit parental choice under the shadow docket.
No Constitutional Problem with Compelling AI Disclosures in Court Filings
The U.S. District Court for Colorado denied the plaintiff’s motion to strike a standing order requiring AI certifications in court filings, ruling that the mandate does not infringe the First Amendment. Judge Nina Wang likened the AI disclosure rule to...
Elizabeth Prelogar's Unexpected and Unusual Argument
The Supreme Court granted certiorari in T.M. v. University of Maryland Medical System, but the expected veteran litigator Kannon Shanmugam was replaced at oral argument by Elizabeth Prelogar of Cooley LLP. Prelogar, the former Solicitor General, was not listed on...
FBI Director Kash Patel Sues Atlantic Over Friday's Article
FBI Director Kash Patel has filed a defamation lawsuit against The Atlantic Monthly Group and staff writer Sarah Fitzpatrick over a April 17, 2026 article that alleged he was an alcoholic who jeopardized national‑security operations. The complaint asserts the piece...
Journalistic and Legal Ethics for SCOTUS Reporters
Steve Sachs argues that Supreme Court reporter Adam Liptak, a New York‑licensed attorney, may have breached professional conduct rules by publishing leaked court documents. The piece highlights similar concerns for other lawyer‑journalists such as Joan Biskupic, an inactive D.C. bar...
After Mirabelli, The Other Foote Did Not Drop
On March 2, 2026 the Supreme Court issued an emergency‑docket ruling in Mirabelli v. Bonta, striking down California’s secret policy of transitioning children without parental consent. Justice Kagan publicly rebuked the Court for using the shadow docket, urging that the parallel case...
"Unserious Leaders Are Unsafe," Opines a Federal Judge About RFK, Jr.
Federal Judge Mustafa Kasubhai ruled that HHS Secretary Robert F. Kennedy Jr.'s "Kennedy Declaration"—which threatened to cut Medicaid funding for gender‑affirming care for minors—violated the Administrative Procedure Act’s notice‑and‑comment rulemaking requirements and exceeded statutory authority. The court granted plaintiffs’ summary...
February 9, 2016
On February 9, 2016 the U.S. Supreme Court issued an emergency stay halting the Clean Power Plan, a move that surprised many observers because it was the first time the Court granted a stay while a case was pending. Justice Anton Scalia cast...
Government Likely Violated First Amendment in Getting Apple and Google to Block ICE Sightings Content, Court Holds
A federal judge in Chicago concluded that Illinois officials likely breached the First Amendment by coercing Facebook and Apple to suppress ICE‑sightings content. The plaintiffs demonstrated that both platforms had previously approved the Facebook group and the Eyes Up app,...
Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan (Setting Important "Shadow Docket" Precedent in the Process)
Leaked internal Supreme Court memos reveal why the justices granted a stay of the Obama administration’s Clean Power Plan, citing fears of billions in irreversible utility compliance costs and the need for robust judicial review. The chief justice and conservative...
Call Him Judge Ho Ho Ho
Magistrate Judge Andrew Edison of the Southern District of Texas issued a December 11 order extending the deadline for objections to his Memorandum and Recommendation from December 29, 2025, to January 9, 2026. The judge explained the change by noting...
Virginia's Unconstitutional Effort to Strip Property Tax Exemptions From Pro-Confederate Groups
Virginia Governor Abigail Spanberger signed HB167, stripping property‑tax exemptions from pro‑Confederate nonprofits such as the United Daughters of the Confederacy, Sons of Confederate Veterans, Stonewall Jackson Memorial and Confederate Memorial Literary Society. The Democrat‑controlled legislature passed the bill to remove...
Will the Eleventh Circuit Allow the Endangered Species Act to Commandeer the Florida Department of Environmental Protection?
The Eleventh Circuit will hear oral arguments in Bear Warriors United v. Lambert, where Florida challenges a district court order that the state must tighten nitrogen‑discharge regulations to protect manatees under the Endangered Species Act (ESA). The lawsuit claims the...
Not Judge Judy, Juror Judi—But "Stupid Mistake" Isn't "Actual Malice" For Libel Purposes
In April 2024, A360 Media published a story that mistakenly identified alternate juror Judi Zamos as Judge Judy, claiming she advocated for the Menendez brothers' resentencing. The false report led Judge Judy (Judy Sheindlin) to sue for defamation, but the...
Justice Ginsburg Cancer Treatment Leak Prosecution: Blame the Cat
The Fourth Circuit upheld the conviction of former GWU Hospital employee Russell for illegally accessing Justice Ruth Bader Ginsburg's medical records, finding the leaked screenshot to be individually identifiable health information under HIPAA. Russell was sentenced to two years in...
Who Owns The President's Papers?
The Office of Legal Counsel issued a 2026 opinion declaring the Presidential Records Act (PRA) unconstitutional, reigniting a long‑standing debate over who owns a president’s papers. The memo leans on the Property Clause but omits discussion of that clause, while...
Trump Administration Presents Update on Its Tariff Refund Plan
The U.S. Court of International Trade ordered the Biden administration to refund all tariffs collected under the now‑invalid IEEPA authority, affecting roughly 330,000 importers who paid about $166 billion. In response, Customs and Border Protection filed an update outlining a phased...
"Cabotage": It's Not "Sabotage" With the "S" Switched to Russian
The article clarifies the legal term “cabotage,” defining it as the transport of goods or passengers between two points within the same sovereign state. It outlines the concept’s application across maritime, riverine, and air modes, and distinguishes between petit (same...
Depends on What the Meaning of "Miss" Is: The Miss America Gender Identity Controversy
The Florida Attorney General sent a formal letter to the Miss America organization objecting to its eligibility rule that permits contestants who have completed sex‑reassignment surgery to compete. Miss America responded that the language was intended for intersex individuals and...
Expedited Discovery Allowed in Sheriff's Defamation Case, Which Alleges Claims of Unwarranted ICE-Related Detention Were a Hoax
A federal judge in Wisconsin granted Sheriff Dale Schmidt’s request for expedited discovery in his defamation lawsuit against Sundas Naqvi and former congressional candidate Kevin Morrison. The order allows subpoenas for Naqvi’s T‑Mobile records and video from two hotels she...
Court Ordered Critic of Ex-Mayoral Candidate to Stop "Publicly Writing, Printing, or Speaking [Ex-Candidate's] Name"
The North Carolina Court of Appeals reversed a trial‑court order that barred a political critic from mentioning former mayoral candidate Ashley Coble by name. The appellate panel found the defendant’s Facebook page and website discussed Coble in the third person...
Claim That U Texas Engaged in Viewpoint Discrimination in Forbidding 2024 Palestine Solidarity Committee Protest Can Go Forward
A federal judge in Texas has allowed the claim that the University of Texas at Austin engaged in viewpoint discrimination by canceling a 2024 Palestine Solidarity Committee protest to proceed. The case stems from student Ahmad Qaddumi’s three‑semester suspension after...
Lawsuit by Muslim Group, Over Alleged Public Pressure Campaign That Caused Cancellation of Conference, Dismissed
The South Florida Muslim Federation (SFMF) sued Atrium TRS I and several advocacy groups after a hotel cancelled its Jan. 12, 2024 conference, alleging a public‑pressure campaign. The federal court dismissed the case, finding SFMF lacked standing for injunctive relief under the...
Today in Supreme Court History: April 15, 1931
On April 15, 1931, the Supreme Court heard arguments in Stromberg v. California, challenging a state law that criminalized the public display of a red flag as a symbol of radical political belief. The case questioned whether the statute infringed...
California Law Restricts Naming Abortion/Gender-Affirming Care Providers/Patients (+ Soon Immigration Support Services Providers?) …
California’s Gov. Code §6218 now prohibits publicly posting the name, image or personal data of abortion providers, gender‑affirming care providers, their staff or patients, even when the poster has no intent to incite violence. The statute grants victims the right...
A Narrow Resolution on Geofence Warrants?: A Thought on Chatrie
On April 27, 2026 the U.S. Supreme Court will hear oral arguments in Chatrie v. United States, a case that challenges the Fourth Amendment legality of geofence warrants. The author, who filed an amicus brief, argues the Court is likely...
Court Orders OpenAI to Cut Off (for 3 Weeks) ChatGPT Access by Mentally Ill and Dangerous User
A California Superior Court judge issued a temporary restraining order that forces OpenAI to suspend a specific user’s ChatGPT access for three weeks, pending a May 6 hearing. The user, described as mentally ill and dangerous, allegedly used the model...
Iran, Pseudonymity, and Risk of Harm
U.S. District Judge James Boasberg granted a motion allowing the plaintiff in John "Farshid Do" v. Islamic Revolutionary Guard Corps to proceed pseudonymously. The naturalized U.S. citizen alleges that Iran’s IRGC and Ministry of Intelligence tortured him and continue to...
Tiger King Attorney Sanctioned for Filing Complaint with AI Hallucinations
Former reality‑TV star Joe Exotic (Joseph Maldonado) sued the Black Pine Animal Sanctuary under the Endangered Species Act, alleging mistreatment of his former tigers. An Indiana district court dismissed the case for lack of Article III standing and sanctioned his lawyer,...
Petitioner's Regret No Grounds for Sealing of 8-Year-Old Restraining Order Documents
An California Court of Appeal rejected a petitioner's request to seal the record of an eight‑year‑old domestic‑violence restraining order. The petitioner, who later claimed to be a public figure and cited reputational harm, failed to demonstrate an overriding interest that...
Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries
The U.S. Court of Appeals for the Fifth Circuit unanimously struck down the 1868 federal ban on home alcohol distilleries in McNutt v. DOJ, finding the statute exceeds Congress' taxing power and the Necessary and Proper Clause. The opinion, authored...
Follow-Up to "Reproducing Controversial Tweet in News Story = Fair Use" Post
Attorney Sonya Shaykhoun filed a Third Amended Complaint in the Southern District of New York, accusing Al Jazeera Media Network, law firm Pillsbury and a network of media proxies of a coordinated “market erasure” campaign. The pleading alleges wire fraud,...
DOGE, the Social Security Administration, and How Inferior Courts Should Treat S. Ct. Interim Orders
The Fourth Circuit en banc vacated a district court's preliminary injunction that barred the U.S. DOGE Service from accessing Social Security Administration (SSA) records, sending the case back for further proceedings. The court reasoned that the plaintiffs had not demonstrated...
Short Circuit: An Inexhaustive Weekly Compendium of Rulings From the Federal Courts of Appeal
The Institute for Justice’s weekly Short Circuit roundup spotlights a new Supreme Court petition demanding Fifth Amendment compensation after SWAT teams destroyed a client’s property in Los Angeles and South Bend, and surveys a slate of recent federal appellate rulings. Decisions range...
Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis
The Ninth Circuit Court of Appeals affirmed a district court’s dismissal of the youth‑led G.B. v. EPA climate lawsuit, finding the plaintiffs lacked standing. The case challenged the EPA’s use of discounting in cost‑benefit analyses, arguing it discriminates against future...
Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230
The Massachusetts Supreme Judicial Court ruled that the state’s unfair, deceptive and public‑nuisance claims against Meta’s Instagram can proceed despite the platform’s reliance on Section 230 immunity. The court held that the allegations focus on Instagram’s own design choices—such as infinite...
Allegations of Conspiracy Between Univ. Of S. Florida and Jewish Groups, Brought by Students for Democratic Society Chapter, Rejected
A federal judge in the Middle District of Florida rejected the Students for a Democratic Society (SDS) chapter's First Amendment lawsuit against the University of South Florida (USF) and several Jewish organizations. The court found the plaintiffs' conspiracy allegations—claiming USF...
Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument
The Solicitor General (SG) argued before the Supreme Court that the Trump administration’s view on birthright citizenship reflects a long‑standing consensus, citing a 1921 article by State Department lawyer Richard W. Flournoy. Flournoy’s piece, however, acknowledges the narrow holding of...
"There Is No Constitutional Right to Possess a Cell Phone in Class"
In Brown v. Splendora Independent School District, U.S. District Judge Andrew Hanen held that students do not have a constitutional right to possess a cell phone during class, especially in a testing environment. The plaintiff, identified as RB, was suspended...
The Birthright Citizenship Question that Stumped the Solicitor General
During the Supreme Court’s oral argument in Trump v. Barbara, Justice Kavanaugh pressed the Solicitor General on whether Congress could reshape birthright citizenship under the Fourteenth Amendment. The SG replied that Congress has an inherent power to grant citizenship, then...
"The First Tell Was the File Name of the Principal Brief: 'Cocounsel Skill Results'"
The Sixth Circuit reprimanded court‑appointed attorney Michael Howe after discovering his appellate briefs were largely drafted by Westlaw's CoCounsel AI. The AI‑generated drafts contained fabricated quotations and mis‑characterized holdings from United States v. Washington and United States v. Anthony. Howe...
D.C. Circuit Declines to Stay Department of War's "Supply-Chain Risk" Designation of Claude
The D.C. Circuit Court of Appeals rejected Anthropic PBC’s bid for a stay of the Department of War’s supply‑chain risk designation on its Claude AI model. The judges held that the balance of equities favors the government, citing national‑security concerns...
"Hatchet Wielding Hitchhiker" / Convicted Murderer Caleb McGillvary Loses Defamation Case Against Rolling Stone
The U.S. Court of Appeals for the D.C. Circuit upheld Rolling Stone's victory in a defamation suit brought by convicted murderer Caleb McGillvary. The judges concluded that the magazine's four contested statements were either non‑actionable opinion, substantially true, or lacked...
Free Speech Unmuted: Speech, Not "Conduct": Supreme Court Rules on Conversion Talk Therapy
The Supreme Court, in an 8-1 ruling in Chiles v. Salazar, struck down a state law that prohibited sexual orientation and gender identity conversion therapy, emphasizing that the practice is fundamentally speech rather than conduct. The decision clarifies that bans...
My Interview with Peter Canellos, Author Of "Sam Alito and the Triumph of the Conservative Legal Movement"
Peter Canellos released "Revenge for the Sixties," a biography of Justice Samuel Alito that traces his immigrant roots, the impact of Warren Court rulings on his family, and his rise through the Reagan Justice Department. In an exclusive interview, Canellos...
Claim of Unconstitutional School Discipline for Snapchat Among Friends Can Go Forward
The Northern District of Illinois revived a public‑high‑school student’s First Amendment claim after a lower court dismissed it for alleged off‑campus Snapchat harassment. Judge Franklin Valderrama held that the motion‑to‑dismiss stage was too early to assess whether the private message...
Sixth Circuit OKs Disqualifying Republican Primary Candidate Who Admits He's a Democrat Infiltrating the Party
The U.S. Court of Appeals for the Sixth Circuit affirmed Ohio’s decision to remove Samuel Ronan from the Republican primary ballot after he publicly admitted he was a Democrat infiltrating the party. The court held that Ohio Rev. Code § 3513.07’s...
Today in Supreme Court History: April 8, 1952
On April 8 1952 President Harry S. Truman issued Executive Order 10340, directing the seizure of steel mills to avert a strike during the Korean War. The Supreme Court, in Youngstown Sheet & Tube Co. v. Sawyer, struck down the order as an unconstitutional overreach...
Our Amicus Brief in the Section 122 Tariff Case
The Cato Institute and Reason author filed an amicus brief supporting the Liberty Justice Center’s challenge to President Trump’s Section 122 tariffs, which impose a 10‑15% duty on most imports. The brief argues the tariffs violate the Trade Act’s 150‑day...
Iowa Law Barring Books with "Descriptions or Visual Depictions of a Sex Act" From School Libraries Upheld
The Eighth Circuit unanimously upheld Iowa's statute that bars school library books containing "descriptions or visual depictions of a sex act." The court applied the Hazelwood standard, finding the restriction reasonably related to legitimate pedagogical concerns and classifying the library...