By Aaron Barnes | April 28, 2020
Proponents of the city of Austin's repeal of its ban on homeless encampments and other vagrancy laws have tried to justify their support by pointing to a recent federal court decision out of Idaho. Not only is this Ninth Circuit opinion not binding in Texas but the court's rationale would not apply to the situation in Austin.
By Jacqueline Thomsen | April 28, 2020
Judges on the D.C. Circuit frequently referenced the House's other Trump lawsuits it's filed or been party to as they heard en banc arguments in two House cases.
By Jacqueline Thomsen | April 28, 2020
Judges who heard arguments on the House's standing were skeptical of the Justice Department's claims about lawmakers' inability to go to court.
New York Law Journal | Analysis
By Martin A. Schwartz | April 28, 2020
The Supreme Court in 'Heck' held that a §1983 constitutional claim that "necessarily" implies the invalidity of the plaintiff's conviction is not "cognizable" unless the conviction was overturned on appeal, collateral review, or executive order. This doctrine has generated numerous difficult issues. Martin A. Schwartz discusses two important recent circuit court decisions applying the doctrine in this edition of his Section 1983 Litigation column.
By Jim Saunders | April 28, 2020
Barry Richard, an attorney for the political committee Florida Decides Healthcare, filed a brief disputing a contention by the state Senate that the controversial new law should scuttle the Medicaid proposal.
By Marcia Coyle | April 27, 2020
In a 6-3 unsigned opinion, the majority said New York City's rule limiting the transport of firearms within the city's boundaries was moot because the rule had been repealed.
By Ross Todd | April 24, 2020
"These policies, as well-intentioned as they may be, have had an unlawful and disparate effect on some people and their businesses over other people and their businesses to the point where life, liberty and the pursuit of happiness has been ripped away from law-abiding citizens and businesses," wrote lawyers at Geragos & Geragos in Los Angeles and the Dhillon Law Group in San Francisco.
By Jacqueline Thomsen | April 24, 2020
The en banc panel will handle a subpoena fight for former White House counsel Don McGahn's testimony, as well as an order diverting funds to build a wall along the nation's southern border.
By Kenneth Artz | April 24, 2020
Dallas attorney David Coale spoke recently with Texas Lawyer and discussed who has the authority to decide when Texas businesses reopen.
New York Law Journal | Analysis
By Sharon M. Porcellio | April 23, 2020
In her Western District Roundup, Sharon M. Porcellio discusses recent happenings at the court, as well as a decision in a case brought against the SEC for allegedly violating the Appointments Clause of the Constitution.
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