Please check out the most recent edition of Short Circuit, a weekly feature written by a group of individuals at the Institute for Justice.
This year, the Fourth of July holds significance beyond America’s independence day—it also coincides with general election day in the UK. In a piece for Discourse Magazine, Anthony Sanders of IJ reflects on the differences between the two countries stemming from the American independence declaration, which led to a shift from the British constitutional system to written constitutions and judicial review. Despite this, some judges still hold onto British influences.
On the latest episode of the Short Circuit podcast: Connections between Britain and the US, past and present. Topics include the Supreme Court’s recognition of the right to trial by jury in SEC v. Jarkesy and a Fifth Circuit case involving a crime at the British Consul General’s home.
- A newly hired high school teacher in Massachusetts loses her job after controversial posts on TikTok prior to her hiring. She sues for First Amendment violation, but the First Circuit rules against her.
- The Second Circuit clarifies that prevailing against the government in litigation does not necessarily mean getting everything one wants.
- A challenge to New York’s distinctions between political parties and independent bodies regarding campaign contributions is upheld by the Second Circuit.
- A district judge’s ruling is vacated by the Second Circuit due to his wife’s stock ownership in a company involved in the case.
- The Fourth Circuit finds error in a district court’s reduction of punitive damages in a case related to the “Unite the Right” rally in Charlottesville.
- The Fifth Circuit rules against an individual alleging overdetention, stating that the prison chief’s actions were not objectively unreasonable.
- The Sixth Circuit rules in favor of a city commissioner in a First Amendment retaliation case.
- A search warrant based on probable cause is upheld by the Sixth Circuit in a case involving drug sales.
- Litigation following a devastating fire in the Great Smoky Mountains results in claims being allowed to proceed against federal agencies and insurers.
- A sentencing for a 1987 crime is upheld by the Michigan courts, with the individual not eligible for parole until 2027.
The sentence in question does not definitively answer whether the individual’s Eighth Amendment rights are being violated by keeping him in prison for life without parole. The Sixth Circuit, in a divided opinion, stated that the individual should have filed a habeas claim instead of a § 1983 claim to challenge his sentence.
In another case, the Eighth Circuit found no constitutional violation when an officer pointed a taser at a mother pleading for her children’s safety. However, in a separate case, the same circuit accepted the plaintiff’s version of events where an officer shot a suicidal man without jurisdiction to review the denial of qualified immunity.
In a different matter, the Ninth Circuit ruled in favor of a naturalized U.S. citizen who sued Meta Platforms, Inc. for preferring to hire H-1B visa holders over U.S. citizens, citing a violation of federal law.
Additionally, the Ninth Circuit found no standing in a case where the Office of Foreign Asset Control’s actions hindered humanitarian aid transactions to Iran.
Furthermore, the Ninth Circuit denied qualified immunity to Honolulu officers who arrested a 10-year-old for drawing a cartoon picture, but rejected the false-arrest claim.
In a tragic incident, the Ninth Circuit upheld the denial of qualified immunity to an officer who shot a suspected drunk driver nine times after being knocked down by the driver’s vehicle.
Another case dealt with whether it violated a driver’s Fifth Amendment rights to place him in a cell with a jailhouse informant after invoking his Miranda rights, with the Ninth Circuit concluding that it was not clearly established for AEDPA purposes.
The Tenth Circuit addressed whether the mayor of Wichita’s political campaign’s Facebook page is considered a “public entity” that must comply with the ADA, sending the claim to discovery based on the Supreme Court’s previous rulings.
The Louisiana Supreme Court clarified that the government must provide just compensation for takings, not just issue unenforceable judgments.
Finally, the Fifth Circuit decided to reconsider its decision regarding the removal of children’s books in Llano, Tex. public libraries, potentially violating the First Amendment.
In a positive development, the Alaska Supreme Court overturned a ruling that barred families sending their children to private schools from receiving tuition reimbursements, ensuring the reimbursements for over 20,000 students. The court also ordered a reconsideration of arguments under the U.S. Constitution. Please rewrite the following sentence for me.
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