New on the Bound By Oath podcast: Civil forfeiture is a civil rights nightmare. On this episode, we explore the origins of the modern forfeiture regime (around 1984) and its historical roots dating back to 1789. We also discuss the implications of forfeiture’s historical background on its constitutionality today (spoiler alert: it’s still unconstitutional).
Also, don’t miss the latest episodes of the Short Circuit podcast, some of which are now available on YouTube. Because our host and guests are, believe it or not, real people.
- The Postal Regulatory Commission is under scrutiny for alleged unfair competition practices by allowing USPS to subsidize peak-season costs with revenue from its first-class mail monopoly. The D.C. Circuit ruled in favor of USPS, stating that the rates are acceptable.
- In the case of Sarah Palin v. New York Times, the Second Circuit granted a new trial due to questionable courtroom management practices during the initial trial.
- The Second Circuit refused to address a plea agreement breach by the government, emphasizing the importance of specific language in legal protests.
- The Third Circuit highlighted the distinctions between the independent-source and inevitable-discovery doctrines in a criminal case involving a motorcycle gang.
- In a case involving citizenship eligibility, the Third Circuit denied an appeal based on statutory grounds and equitable estoppel.
- A woman wrongly arrested due to mistaken identity lost her case against state authorities in the Third Circuit.
- The Fourth Circuit upheld Maryland’s handgun licensing laws, stating that they do not infringe on Second Amendment rights.
- The Fifth Circuit criticized officials for neglecting a prisoner’s medical needs and forcing them to work in unsafe conditions.
- Tesla’s due process and antitrust claims against Louisiana’s auto sales regulations were allowed to proceed by the Fifth Circuit.
- Judge Jerry Smith dissented strongly in a case involving the New Orleans Parish Sheriff’s Office’s compliance with a consent decree regarding prisoner housing.
- The Fifth Circuit dissolved a 1992 consent decree related to elections to the Louisiana Supreme Court after determining that Louisiana had fully complied with its requirements.
Disagreement: The majority overlooks the “future compliance obligation” imposed by the consent decree.
On one side, a Texas man faces charges as an illegal alien in possession of a gun and ammunition, citing a Second Amendment defense. The Fifth Circuit asserts that “illegal aliens are not ‘law-abiding, responsible citizens'” and the Bruen case does not alter that stance. A concurrence argues that they are not even considered members of “the people.”
On the other side, a woman in El Paso, Texas, is prosecuted for being a “user” in possession of guns after admitting to occasionally smoking marijuana for medical reasons. Despite not being under the influence during the conversation, the Fifth Circuit compares her to a drunkard rather than a lunatic, deeming the law as applied to her as invalid.
For those interested in the internal factions of the Libertarian Party of Michigan, the Sixth Circuit offers insight on the matter.
The Sixth Circuit upholds HHS’s requirement for recipients of family-planning grants to provide counseling and referrals for abortions, following Tennessee’s ban on abortion post-Dobbs. A partial dissent argues that the statute prohibits funds from being used in programs where abortion is a method of family planning, contrary to precedent.
The Sixth Circuit allows for as-applied challenges to felon-in-possession laws, following a detailed historical analysis in Rahimi.
In a case involving a high school teacher from Malta, Illinois, the Seventh Circuit rules that arguable probable cause is sufficient for qualified immunity for officers who submitted arrest warrants.
The Eighth Circuit strikes down Missouri’s rejection of federal gun-control laws, citing the Supremacy Clause.
The Ninth Circuit upholds a ban on animal fighting in the Northern Mariana Islands, rejecting a challenge from a resident who enjoys cockfighting.
In Idaho, a parent’s argument that fees for extracurricular activities are “takings” under the Fifth Amendment is rejected by the Ninth Circuit.
The Ninth Circuit clarifies Section 230 of the Communications Decency Act and addresses issues surrounding the liability of product providers for hateful cyberbullying.
A Ninth Circuit ruling states that sealing medical records in Hawaii state courts violates the First Amendment.
The Ninth Circuit determines that the Navy is immune from tort claims related to misrepresentation or deceit regarding a contaminated former shipyard in San Francisco.
In a case concerning the Oregon State Bar, the Ninth Circuit allows a freedom of association claim to proceed.
- Could the OSB possibly include a disclaimer stating that not all members agree?
- In recent news, the Eleventh Circuit has decided not to reconsider its ruling to uphold Alabama’s ban on providing certain puberty blocker hormones to minors. One dissenting opinion humorously starts with the phrase, “Substantive due process is hard.”
On to the trial! The Sheriff’s Office of Pasco County, Florida operated a program known as “predictive policing,” which involved harassing individuals and their families in their homes based on mere suspicion of potential future criminal activity. This program turned into a nightmare for many residents, including Robert Jones and his son, who was on the list of future suspects. When deputies felt that Robert was not cooperating fully, they unjustly arrested him multiple times. In 2021, the Institute for Justice took the case to federal court to put an end to this Orwellian scheme. Despite the Sheriff’s resistance, the court has allowed the case to proceed to trial this week.
