Check out the latest edition of Short Circuit, a weekly feature written by the team at the Institute for Justice.
Brand new on Unpublished Opinions, IJ’s roundtable podcast: discussing public interest attorneys, social media, specialized courts, and judges wearing wigs.
- A narrow ruling (for now) in a high-profile nondelegation case. The question: Does FINRA, a private corporation that stockbrokers must join, have too much power by expelling members without government oversight? Stockbroker Alpine Securities argues yes—FINRA shouldn’t have the authority to expel us, even with our alleged client fees. D.C. Circuit rules: No expulsion until SEC review, but FINRA hearing proceeds. Partial dissent: Majority’s decision doesn’t go far enough in addressing the unconstitutionality of private regulatory hearings without government oversight.
- Readers of the book Planet Narnia may find similarities between C. S. Lewis’ Chronicles and the theory that the seven books are based on the seven medieval planets. Similarly, a Short Circuit reader draws parallels between Harry Potter and a recent First Circuit appellate-waiver opinion by Judge Selya, citing clues from the text. The mystery remains unsolved.
- A Guatemalan woman seeks asylum after her family is killed by gang members and she is targeted next. Immigration judge denies asylum. Board of Immigration Appeals dismisses her appeal due to a one-day filing delay. First Circuit remands the case, citing FedEx’s late delivery causing the appeal delay.
- An inmate at New York’s Fishkill Correctional Facility files a lawsuit against five guards, alleging they assaulted him during a seizure. Guards 1–4 argue administrative exhaustion, while Guard 5 misses his deposition and stops communicating with his lawyers. The district court enters a default judgment against Guard 5, awarding the inmate $50,000. Guards 1–4 are not found liable due to the exhaustion defense. Second Circuit rules against the inmate, citing a longstanding legal principle.
- A scientific article about the withdrawal of COVID sequencing data by the NIH leads to FOIA litigation. The Fourth Circuit rules that there is no standalone cause of action for a violation of FOIA deadlines.
- A man in Norfolk, Va. is falsely accused of causing a car accident by police officers who recognized him from a previous incident. The Fourth Circuit allows the man’s lawsuit for retaliation to proceed.
- Mississippi’s laws on medical-marijuana dispensaries are challenged in a case where dispensaries can sell but not advertise their products. The Fifth Circuit upholds the law, citing federal restrictions on marijuana sales.
- A prisoner in Mississippi argues ineffective assistance of counsel for failing to assert his insanity defense. The Fifth Circuit rules against the prisoner, citing failure to preserve the insanity defense.
- The federal government raises concerns about Tornado Cash, a crypto-transaction software protocol used for money laundering. The Fifth Circuit rules that Tornado Cash cannot be sanctioned under current laws.
- A man in Centralia, Ill. waives his Sixth Amendment right to counsel by representing himself at his sentencing hearing. The Seventh Circuit affirms his conviction and sentence.
- The Hawaii Disability Rights Center sues the state for failing to provide Applied Behavioral Analysis for students with autism. The Ninth Circuit rules that the case was improperly dismissed for failure to exhaust administrative remedies.
- Oklahoma City police shoot a teenager playing with a BB gun, leading to a lawsuit for excessive force. The Tenth Circuit denies qualified immunity to the officer.
- A high school student in Laramie, Wyo. challenges a mask mandate, leading to her suspension and trespassing charges. The Tenth Circuit reinstates her case, ruling that her injuries were not self-inflicted.
- The Seventh Circuit clarifies a reference to breasts being bared, not borne. In a separate case, the First Circuit clarifies that the murder of Lizzie Borden’s parents was grisly, not grizzly.
