Please enjoy the latest edition of Short Circuit, a weekly feature written by a group of individuals at the Institute for Justice.
Victory! Earlier this year, IJ sued Oregon agricultural officials for requiring small dairy farms with only a handful of animals to install unnecessary and expensive industrial-grade wastewater management systems—a favor to big dairy farms trying to eliminate their smaller competitors. This week, we’re pleased to announce that the Oregon Dept. of Agriculture has revised its rules so that the requirement now applies only to medium and large operations. Click here to learn more.
- Prediction market company Kalshi wants to list futures contracts on which party will control Congress, but CFTC prohibits the contracts as against the public interest. District court: CFTC decision exceeded its statutory authority, allowing Kalshi to proceed. CFTC: Can we have a stay pending appeal to prevent election corruption? D.C. Circuit: No, the CFTC lacks good evidence of harm from listing these contracts while the appeal is considered.
- New Jersey resident worked for DraftKings in Massachusetts, then joined competitor Fanatics in California. DraftKings sues for violating noncompete agreement. First Circuit: Noncompete law in Massachusetts is upheld. Affirmed.
- Residents of Buffalo, N.Y. see convictions for wire fraud and conspiracy vacated by the Second Circuit related to the “Buffalo Billion” initiative.
- Principal at school with mostly black and Hispanic students sues NYC Dept. of Education for funding disparities. Second Circuit allows the case to proceed.
- FOIA requests for change-of-address data by Bloomberg and Dow Jones are denied by USPS under a FOIA exemption. Second Circuit upholds this decision.
- Unarmed teen shot by Louisiana state trooper sues for excessive force. Fifth Circuit rules for the case to proceed to a jury trial.
- Police officers shoot man in his home in Cincinnati. Sixth Circuit rules against qualified immunity for unlawful entry.
- RFK Jr. seeks removal from Michigan presidential ballot. Sixth Circuit denies his request for removal.
- FDA sues doctors over stem cell mixture. Ninth Circuit rules in favor of FDA.
- “Bluey” episode involving sanctions in an excessive-force case is overturned by Ninth Circuit.
- Utah passes age-verification law for online pornography.
The state chooses not to defend the law in court and instead introduces a private cause of action holding publishers responsible for damages resulting from a minor’s access to material. This leads to lawsuits by publishers and First Amendment advocates who claim a violation of their rights. The Tenth Circuit dismisses the case, citing procedural tactics by the state. A dissenting opinion argues that the Commissioner of the Utah Department of Public Safety can be sued due to his connection to the law.
In another case, a black pastor in Childersburg, Ala. is arrested by police officers after refusing to provide ID while watering his neighbors’ flowers. The district court grants qualified immunity to the officers, but the Eleventh Circuit reverses this decision, stating that the pastor had provided sufficient information as required by Alabama law.
The Fifth Circuit declines to reconsider its ruling that tanker-truck drivers transporting crude oil within Texas are engaged in interstate commerce. A dissenting opinion argues that interstate should not be equated with intrastate under the Motor Carrier Act of 1935.
In amicus brief news, the Institute for Justice weighs in on the age-verification debate in the Free Speech Coalition v. Paxton case. They argue that the law should be reviewed with strict scrutiny as it impacts adults’ access to protected speech. They highlight the impact on publishers who face civil liability under the law.
A new case involves IJ client Daniel Horwitz, who is subject to a gag order preventing him from discussing cases against a private prison company. He files a federal lawsuit with IJ challenging the gag order, citing First Amendment rights. Attorney Jared McClain emphasizes the importance of public discussion in public interest litigation. Please rewrite the following sentence:
“The dog ran quickly through the park.”
“The dog sprinted through the park at a fast pace.”
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