balancing-first-amendment-rights- Case Commentaries

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction

Date: Oct 16, 2026

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction Case: United States v. Griego, No. 25-2085 Court: United States Court of Appeals for the Tenth Circuit...

Indian Status as an Affirmative Defense: Defendants Bear Both Burdens Under the General Crimes Act

Date: Oct 16, 2026

Indian Status as an Affirmative Defense: Defendants Bear Production and Persuasion Burdens Under the General Crimes Act Case: United States v. Hebert, consolidated with United States v. Ruiz Court:...

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian Case: United States v. Ruiz, considered en banc with United States v. Hebert Court: United States...

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny

Date: Oct 16, 2026

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny Case: VoteAmerica v. Schwab, No. 25-3138 Court: United States Court of Appeals for...

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation

Date: Oct 16, 2026

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation Commentary on Estate of Ceaser Stinson v. Joel Streicher United States Court of Appeals for the Seventh Circuit,...

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations Case: United States v. Andre Neal-Ford, presented in the opinion as consolidated proceedings involving United States v....

A Full Batson Remand May Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Full Batson Remand May Permit Previously Withheld Strike Explanations Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026 Disposition: Affirmed, with Judge...

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection

Date: Oct 16, 2026

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decided: October 14,...

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate

Date: Oct 16, 2026

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026...

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review

Date: Oct 16, 2026

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review Court: United States Court of Appeals for the Seventh Circuit Decision: October 14, 2026 Opinion:...

A Three-Step Batson Remand Permits Previously Undisclosed Strike Explanations, Subject to Credibility Review

Date: Oct 16, 2026

A Three-Step Batson Remand Permits Previously Undisclosed Strike Explanations, Subject to Credibility Review United States v. Kentrevion Watkins United States Court of Appeals for the Seventh Circuit...

Batson Remands May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection

Date: Oct 15, 2026

Batson Remands May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026...

Renewed Batson Review on Remand: Later Strike Explanations After a Step-One Rejection

Date: Oct 15, 2026

Renewed Batson Review on Remand: Later Strike Explanations After a Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026 Docket: Nos....

A Three-Step Batson Remand Permits Initially Withheld Strike Explanations After a Step-One Rejection

Date: Oct 15, 2026

A Three-Step Batson Remand Permits Initially Withheld Strike Explanations After a Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026...

A Full Batson Remand Allows Later Strike Explanations After an Initial Step-One Rejection

Date: Oct 15, 2026

A Full Batson Remand Allows Later Strike Explanations After an Initial Step-One Rejection Case: United States v. Mytrez Flora, addressed in the supplied consolidated opinion captioned United States...

Previously Withheld Batson Explanations May Be Considered on a Remand Authorizing All Three Steps

Date: Oct 15, 2026

Previously Withheld Batson Explanations May Be Considered on a Remand Authorizing All Three Steps Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026...

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration

Date: Oct 15, 2026

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration Case: Joon Bum Yoo v. Grupo MContigo S.L. Court: United States Court of Appeals for the Sixth Circuit Decision...

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges

Date: Oct 15, 2026

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges Case: Ruslan Guryanov v. Todd Blanche Court: United States Court of Appeals for the Sixth Circuit Date: October 14, 2026 Case...

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History

Date: Oct 15, 2026

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History Case: United States v. Lamell Parker Court: United States Court of Appeals for the Sixth Circuit...

ERISA Itself Does Not Require Exhaustion of Statutory Claims: The Eleventh Circuit Overrules Mason

Date: Oct 15, 2026

ERISA Itself Does Not Require Exhaustion of Statutory Claims: The Eleventh Circuit Overrules Mason Case: Rani Bolton v. Inland Fresh Seafood Corporation of America, Inc. Court: United States Court of...