1st Circuit Case Commentaries

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications

Date: Jul 15, 2026

Interactive-Process ADA Claims Fail Absent Evidence of a Feasible, Safe Accommodation for Essential Job Communications Introduction Buccieri v. Brewster Ambulance Service, Inc. (1st Cir. July 13,...

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus

Date: Jul 15, 2026

Specialized Military PCB Manufacturing Triggers Federal Officer Removal: “Acting Under” Without “Tight Control” and a Broad Post-2011 “Relating To” Nexus Case: Czerno v. General Electric Company, No....

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments

Date: Jul 11, 2026

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments Introduction In Flaherty v. Amigos Del Mar LTD. (1st Cir....

Good-Faith Exception Denied When Agents Knowingly Search a Different Device Than the Warrant Specifies

Date: Jul 10, 2026

Good-Faith Exception Denied When Agents Knowingly Search a Different Device Than the Warrant Specifies 1. Introduction In United States v. Gonzalez-Arocho (1st Cir. July 9, 2026), the First Circuit...

No Fourth Amendment Privacy in Freenet Opennet Block Requests Logged by “Freenet Roundup”

Date: Jul 9, 2026

No Fourth Amendment Privacy in Freenet Opennet Block Requests Logged by “Freenet Roundup” Introduction United States v. Johnson (1st Cir. July 7, 2026) addresses whether law enforcement conducts a...

Hernandez v. Blanche — Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground

Date: Jul 9, 2026

Rule 56(d) “Good Cause” Requires Diligent Discovery, and Mixed-Case Retaliation Fails Absent Proof of Pretext for Each Proffered Ground 1. Introduction Case: Hernandez v. Blanche, No. 24-1482 (1st...

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance

Date: Jul 8, 2026

Taylor v. Cao: “Unusually Deferential” APA Review Governs BCNR Discharge-Upgrade Denials and Permits Serious Misconduct to Outweigh PTSD Mitigation Under Hagel/Kurta/Wilkie Guidance 1. Introduction...

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane

Date: Jul 7, 2026

“Controlled Substance” in U.S.S.G. § 4B1.2(b) Means CSA-Only: Massachusetts “Cocaine” Convictions Not Predicates if They Cover Ioflupane I. Introduction In United States v. Rosado Maldonado (1st Cir....

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction)

Date: Jul 7, 2026

First Circuit Rule: Career-Offender “Controlled Substance” Is Defined by Federal Schedules at Federal Sentencing (Not State Law and Not the Time of the Prior Conviction) I. Introduction In United...

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships

Date: Jul 7, 2026

Dormant Commerce Clause Bars Rhode Island from Enforcing Dealer-Protection Notice/Protest Rights to Block Out-of-State Dealerships 1. Introduction In Rhode Island Truck Ctr v. Daimler Trucks North...

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient

Date: Jul 4, 2026

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient I. Introduction...

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny

Date: Jul 3, 2026

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny Case: St. Dominic Academy v. Makin (1st Cir. July 2, 2026) 1....

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin

Date: Jul 3, 2026

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin Court: U.S. Court of Appeals for the First Circuit | Date: July 2, 2026 1....

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest

Date: Jul 3, 2026

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest Case: Hernandez-Castrodad v. Steidel-Figueroa (No. 23-1872) |...

Public Outcry Against a Religious Bidder Is Not Enough: Equal Protection/Free Exercise Claims Require Evidence the Decisionmaker Bowed to Bias (and “Irregularities” Must Be Real)

Date: Jul 2, 2026

Public Outcry Against a Religious Bidder Is Not Enough: Equal Protection/Free Exercise Claims Require Evidence the Decisionmaker Bowed to Bias (and “Irregularities” Must Be Real) I. Introduction...

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive

Date: Jul 2, 2026

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive Case: Lopez Collazo v. Ruiz-Feliciano Court: United States Court of...

Substantial Ammunition as an Independent Basis for an Upward Variance in § 922(o) Machinegun Possession Sentencing

Date: Jun 27, 2026

Substantial Ammunition as an Independent Basis for an Upward Variance in § 922(o) Machinegun Possession Sentencing I. Introduction United States v. Colon-Vazquez (1st Cir. June 26, 2026) addresses...

Taker v. Blanche (1st Cir. 2026): Protective-Order Redressability Bar to Second Amendment Injunctive/Declaratory Standing; Bruen Alone Does Not Clearly Establish Right for Concealed-Permit Damages

Date: Jun 23, 2026

Protective-Order Redressability as a Standing Bar in Second Amendment Challenges; Bruen Alone Does Not Clearly Establish a Damages Right for Concealed-Permit Denials Case: Taker v. Blanche Court:...

Alves-Pains v. Blanche — Reconsideration Requires Specific Error; PSGs Must Be Proved and Objectively Delineated (No “Perceived” Membership)

Date: Jun 22, 2026

Alves-Pains v. Blanche: Reconsideration Requires Specific Error; PSG Membership Must Be Proven, and “Perceived” Family PSGs Fail Particularity 1. Introduction In Alves-Pains v. Blanche (1st Cir. June...

Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence

Date: Jun 18, 2026

Upward Variances After a Taylor Vacatur: Guidelines “Unit Cap” and Dismissed § 924(c) Exposure Can Justify Reimposing the Original Aggregate Sentence I. Introduction In United States v....