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New Jersey Law Journal

Judge Extinguishes Suit Seeking Ban on Smoking in Atlantic City Casinos

"[T]here is a difference between an individual having the freedom to pursue and obtain safety and happiness and the state having an obligation to guarantee the safety and happiness of its citizens," Christopher Porrino, an attorney for the Casino Association of New Jersey, said at a hearing in the case.
5 minute read

New York Law Journal

The Supreme Court Malicious Prosecution Decision

"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
9 minute read

Law.com

Massachusetts High Court Holds 2nd Amendment Protections Include 'Switchblades,' Striking Down Decades-Old Ban

"Setting aside any question whether switchblades are in common use today for lawful purposes, we conclude switchblades are 'arms' for Second Amendment purposes. Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment," wrote Massachusetts Justice Serge Georges Jr.
6 minute read

Legaltech News

Circuit Split Over Geofence Warrants Could Have Major Fourth Amendment Implications for Data Searches

The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases.
8 minute read

National Law Journal

9th Circuit: State Bar Anti-Trump, White Nationalism Statements Violated Lawyer's Rights

One of the statements in the bar's monthly bulletin said former President Donald Trump had catered to the white nationalist movement.
4 minute read

Daily Business Review

11th Circuit Allows Florida Transgender Health Care Ban to Continue Pending Full Appeal on Constitutionality of Law

"[E]ven if the district court were correct in its animus decision, heightened scrutiny under the Equal Protection Clause does not apply to invidious discrimination based on a non-suspect class, and '[n]either the Supreme Court nor this court has recognized transgender status as a quasi-suspect class,'" the majority opinion said.
5 minute read

National Law Journal

Biden Administration Tells Justices That Bans on Gender Care Are Sex Discrimination

The nine justices are set to consider the legality of a Tennessee law preventing doctors from prescribing puberty blockers and hormone therapy to treat gender dysphoria in trans youth.
5 minute read

Connecticut Law Tribune

COVID, Christmas and the Knights of Columbus: Town Sued for Denying Permit

"It seemed a continuation of the town of Fairfield's past aggression towards the Christmas vigil," Joseph Sargent said. "Instead of recognizing that they were in the wrong and violated our First Amendment and free exercise rights, they tried to justify the conduct. I think the whole episode, going back four years, shows a complete lack of self-awareness by the [defendant]."
4 minute read

National Law Journal

Split 5th Circuit Revives Tesla Antitrust Suit Against Louisiana Car Dealers, Regulators

The panel found that the lower court wrongly dismissed the electric car company's allegations that members of the Louisiana Motor Vehicle Commission and the Louisiana Automobile Dealers Association conspired to stop it from carrying out its business model of directly leasing and servicing cars through its own stores.
3 minute read

Daily Report Online

Commentary: The Constitution, Tolerance and Pluralism

The imposition of a rigid ideology not shared by the overwhelming majority of 330 million Americans, including many Christians, of rich cultural, political, economic, sexual and ethnic diversity, is a prescription for broken eggs with no omelet in sight.
8 minute read

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