Jingle Bells, the Fifth Circuit Is Hell
Strict Scrutiny
Deep Dive
What is the key issue in the Seven County Infrastructure Coalition versus Eagle County, Colorado case?
The key issue is whether the National Environmental Policy Act (NEPA) requires an agency to study environmental impacts beyond the immediate effects of the action it has the power to regulate. This case pits environmental review requirements against corporate interests, especially in the context of drilling and real estate development.
Why did Justice Gorsuch recuse himself from the Seven County Infrastructure Coalition case?
Justice Gorsuch recused himself due to his past ties to oil baron Philip Anschutz, whose company has close connections to Gorsuch. The court’s resolution could have major financial benefits for Anschutz, as his companies have several drilling projects that require environmental review.
What is the central debate in the Cousisis versus United States case?
The central debate is whether fraud under federal law can occur when a contractor lies about complying with non-economic terms in a contract, such as using a specific type of business, even if there is no economic harm. The female justices were particularly interested in the materiality of the harm, questioning if the contractor's promise of a specific service type is enough to constitute fraud.
What is the core issue in Feliciano versus DOT regarding reservists' differential pay?
The core issue is whether reservists get differential pay when called to service during an emergency, even if the work performed is not related to the emergency. The statute in question specifies differential pay during emergencies, but the interpretation of what constitutes an emergency is in dispute.
What was the unanimous decision in Buarfa v. Mayorkas, and why is it significant?
The court held that revoking a visa based on a sham marriage determination is a discretionary decision not subject to federal court review, even though courts can review the sham marriage determination if the visa is initially denied on that basis. This decision clarifies the limits of judicial review in visa revocation cases.
Why did the Fifth Circuit en banc court refuse to decide the case involving plaintiffs suing under the Clean Water Act?
The Fifth Circuit en banc court refused to decide the case due to an 8-8 deadlock, which was caused by Judge Jim Ho's refusal to cast a vote. This led to accusations of judicial misconduct and interference, with Judge Oldham and others publicly criticizing Ho's actions.
What is the significance of the D.C. Circuit's opinion on the law that could ban TikTok in the U.S.?
The D.C. Circuit unanimously rejected TikTok's challenge to the law, which requires TikTok to find a U.S. buyer by January 19, 2024, or face a shutdown. The law is framed as a national security measure, but some critics argue it is aimed at suppressing certain content or views, which could face First Amendment scrutiny.
What recent action did a Trump-appointed judge take regarding DACA recipients' health insurance?
A Trump judge in the District of North Dakota blocked the Biden administration's rule that allowed DACA recipients to get health insurance on the ACA marketplace. This ruling applies to 19 states and further complicates the status of DACA and the healthcare of its beneficiaries.
What is Mitch McConnell's stance on judges changing their retirement plans, and why is it controversial?
Mitch McConnell called any decision by judges to change their retirement plans 'partisan' and an undermining of judicial integrity. This is controversial because it seems hypocritical, given his own efforts to influence judicial appointments and retirements, and it may foster hostility toward judges.
What is the impact of the Montana Supreme Court's decision on gender-affirming medical care for minors?
The Montana Supreme Court upheld a preliminary injunction that kept gender-affirming medical care available to minors on current terms while litigation over the state's ban continues. This ruling prevents the immediate enforcement of the ban and allows ongoing care for minors.
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