Eric W. Profile picture
Mar 5 8 tweets 3 min read Read on X
*HUGE* Win for President Trump in the challenge to Chicago's law enforcement surge. This is a stunning rebuke of the district court, explaining that the order is necessary to stop futute courts from following. The district judge is chastened by the appeals judges for overstepping Image
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Equally important is another court has joined in to explain the problems with district court judges entering so-called "putative" class actions. The Seventh Circuit recognizes the problems and orders courts to stop, under the Trump v. CASA decision. Image
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"Recall that the plaintiffs asked the district court for an order voluntarily dismissing the case with prejudice pursuant to Rules 23(e) and 41(a). That ruling would bind the whole class, which is why the district court held a hearing and had
the parties notify the class...
...as Rule 23 requires. No class members or lead plaintiffs objected to dismissing this case with prejudice. Nor did anyone request an opt-out." Huge recognition of this problem in putative class actions.
Judge Easterbrook dissents. He would merely dismiss the appeal. But even he acknowledges serious concern with the district court's behavior here. Image
Read the full opinion here: media.ca7.uscourts.gov/cgi-bin/Opinio…
Huge win for @TheJusticeDept and Federal Programs specifically that had to manage what the Seventh Circuit has recognized as an unreasonable court that failed to follow the federal rules.
@TheJusticeDept Scholar Elias Neibert weighs in:

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More from @EWess92

May 8
Huge win for Democracy and the Virginia Constitution. The Virginia-mander has been found to be illegal for several reasons. Glad to see the Virginia Supreme Court stick to following Rule of Law. Image
Read the opinion here: more to come in a threadvacourts.gov/static/opinion…
Right off the bat, this was a close decision. It was 4-3. The three dissenting Justices open with a repudiation of Justice Jackson's view of when the election is. They believe early voting does not count as the election. Odd approach! Image
Read 19 tweets
May 7
After threatening the mother of his baby and firing a gun in a park, a man led police on a 30 minute chase that included helicopters and SWAT. He was shot while dangling a baby in an alley. Qualified immunity: no money to the wild man. Image
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The majority declines to reach whether there was a Fourth Amendment violation at all. Instead, it determines that no violation was clearly established. No other case clearly established that the shot was improper. Qualified immunity granted. Image
Judge Fletcher dissents, explaining that the man leading the 30 minute chase with his infant in his arms was not such a danger in the 13-14 seconds before the shooting to allow for qualified immunity. Fletcher admits officers did not know whether the man had a gun. Unconvincing. Image
Read 4 tweets
May 6
Can President Trump detain illegal immigrants without bond that are already in the country? The Fifth and Eighth Circuits say yes. The Second Circuit says no. The Seventh Circuit split 1-1-1. Today, the Eleventh Circuit joins the Second. Judge Lagoa dissents; Judge Marcus writes. Image
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Read the full decision here: media.ca11.uscourts.gov/opinions/pub/f…
"The majority concedes that 'applicant for admission' and 'seeking admission,' on their ordinary meaning, are 'synonymous.' It then spends fifty pages explaining why the ordinary meaning does not apply." Judge Lagoa starts off her dissent with quite the fiery opening. Image
Read 4 tweets
May 2
Professor Vladeck does not like today's decision finding President Biden's half-baked rules to allow dispensing abortion pills by mail was illegal. Let's take a look, as he's a thought leader on the legal left. First, he's upset that it will require in-person doctor visits Image
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Next, he takes issue with the claims of danger. (Not rebutting any of the data actually in the opinion.) He objects to sovereign harms for standing. (But does not rebut the longstanding existence of same.) And he doesn't at all engage with the question of financial harm. Oh well! Image
"All of this is to say, the Fifth Circuit is Fifth Circuit-ing again." Formerly a law professor in Texas, the professor casts aspersions at the quite good Fifth Circuit. And he admits that this panel (with the thoughtful Duncan, Southwick, and Engelhardt) likely won't be reversed Image
Read 6 tweets
May 1
Holy pro-life guacamole. Enormous win for @AGLizMurrill against President Biden's attempts to remove almost all safety regulations from abortion pills. That means that nationwide, the old rules must snapback while the appeal was pending. Judge Duncan for a unanimous court. Image
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This stay was briefed by General Murrill's SG team, led by SG Ben Aguinaga. (Good winning week for that crew, between this and Callais.) Notably, Judge Duncan is joined by Judges Southwick and Engelhardt. Both are moderate.
Read the full opinion here: storage.courtlistener.com/recap/gov.usco…
This decision is complex, so might be worth walking through it a bit. Judge Duncan starts out by laying out the history of mifepristone safety REMS. He discusses the current status of those REMs, and then he explains how the challenge came to be. Image
Read 13 tweets
May 1
Should an organization that believes President Biden can amend the Constitution via Tweet have a monopoly on over seeing law schools? What about if the organization is partisan and also raises law school costs? U.S. Attorney @BradenBoucek & @FTC team up to say No! Image
"The ABA requirement meets Tennessee’s definition of a monopoly. It uses its cartel-like status to operate to the detriment of consumers and competitors...Discrimination based on race is illegal and wrong and may violate federal law." 🔥🔥 Image
Read the full release here: justice.gov/usao-mdtn/pr/u…

Read the full comment to the Tennessee Supreme Court here: ftc.gov/system/files/f…
Read 6 tweets

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