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Circuit Scoop — February 2025

Above The Law

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points. EL Paso Cnty.,

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Spoiling for a Fight: Why Challenging Birthright Citizenship is a Win-Win for Trump

JonathanTurley

In 1898, the court ruled inU.S. Wong Kim Arkthat the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and protection of the country, including all children here born of resident aliens. direct and immediate allegiance. Yet in 1982, in Plyler v.

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Why a Trump-Appointed Judge Is Torching His Own Court’s Qualified Immunity Logic—and the Government Abuse It Enables

The Volokh Conspiracy

Though they don't serve as the primary explanation for a court's ruling, they can add crucial context to majority opinions and shape how we interpret them—and the law generally. To do so, the government leveraged an obscure Texas law that criminalizes soliciting nonpublic information if the seeker intends to benefit from it. "If

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SCOTUS Rules District Courts Can’t Second Guess Appellate Courts’ Ruling on Costs

Constitutional Law Reporter

Supreme Court held that a district court does not have the discretion to deny or reduce the costs awarded by an appellate court under Federal Rule of Appellate Procedure 39. This interpretation quite sensibly gives federal courts at each level primary discretion over costs relating to their own proceedings.”.

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Federal Court Rules in Favor of UNT Professor Fired for Criticizing Microaggression Policy

JonathanTurley

We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Judge Sean Jordan ruled that Professor Hiers may proceed to trial on his free speech claim. ” The University of North Texas and President Neal J.

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Federal Court Rules In Favor Of Journalist Contesting Georgia’s Anti-BDS Law

JonathanTurley

Courts in Arizona , Kansas and Texas have also ruled against these laws. Thus, Arkansas seeks not only to avoid contracting with companies that refuse to do business with Israel. It also seeks to avoid contracting with anyone who supports or promotes such activity. There are good-faith objections to the BDS movement.

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New York Court Orders Mother To Remove Confederate Flag Decoration or Risk Losing Custody of Her Daughter

JonathanTurley

However, a court cannot condition parental custody on a parent curtailing their political speech or removing symbols reflecting their cultural or political viewpoints. . While all license plates unquestionably contain some government speech (e.g.,

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