AEDPA Bars First Amendment Habeas Relief for “Satanism” Sentencing Evidence Absent Clearly Established Supreme Court Limits on Relevance I. Introduction Davis v. Guerrero (5th Cir. June 25, 2026) is...
Tenth Circuit: A District Court’s Remand to an Agency “Without Vacatur” Is Ordinarily Not Immediately Appealable Under § 1291, and Practical Finality Does Not Apply Where Vacatur Is Discretionary I....
Vague Fourteenth Amendment References Cannot Create Federal Jurisdiction Over State-Law Claims Against Private Drug-Testing Providers 1. Introduction Case: Bobby R. Williams v. Omega Laboratories...
McDonnell Douglas Is Not a Pleading Requirement for FHA/ECOA Claims in the Sixth Circuit Case: Leon Washington v. First Nat'l Bank of Penn. (No. 25-3673) — Sixth Circuit (June 26, 2026) 1....
Undefined “Personal, Impertinent, or Slanderous” Public-Comment Bans Are Facially Overbroad, Vague, and Viewpoint Discriminatory in City Council Meetings I. Introduction In Merriott v. City of...
Suicidal Ideation Alone Does Not Compel a Competency Evaluation; Unprompted iPhone Passcode Entry During Warrant Execution May Be Voluntary and Non-Interrogative Case: United States v. Christopher...
Section 1332(a)(3) Requires U.S. Citizens on Both Sides When an LLC Has a Foreign Member (and Courts Lack Power to Grant NC Rule 41(b) Savings Relief Absent Jurisdiction) I. Introduction In FS...
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...
Huey v. Anavex: Heightened Plausibility for Delayed, Market-Correlated Losses After a “Corrective” Disclosure I. Introduction In Huey v. Anavex Life Sciences Corporation (2d Cir. June 26, 2026), the...
Fraudulent Promises as “Anything of Value” Under § 1591 and Contextual Proof of Knowledge Under § 2252A I. Introduction United States v. Brian Johnson (7th Cir. June 26, 2026) addresses two recurring...
Imminent-Injury Standing for Death-Row Clemency-Impairment Claims Based on Execution-Warrant Risk 1. Introduction In Lyndon Pace v. Commissioner, Georgia Department of Corrections (11th Cir. June 26,...
New Rule: INA “Arrives in the United States” (8 U. S. C. §§ 1158(a)(1), 1225(a)(1)) Means Physical Entry Across the Border, Not Presence at the Border in Mexico Introduction Mullin v. Al Otro Lado...
Probable Cause “Any-Crime” Rule and Intervening Conduct Defeat § 1983 False-Arrest and First Amendment Retaliation Claims 1. Introduction In Eric Watson v. Cody Reese (3d Cir. June 24, 2026) (not...
Federal Statutory Claims “Germane” to New Jersey Foreclosure Are Barred by Res Judicata and the Entire Controversy Doctrine After Final State Judgment 1. Introduction In Chryssoula Arsenis v. M&T...
TPS “No Judicial Review” Means No APA Workarounds: §1254a(b)(5)(A) Bars All Non-Constitutional Challenges to TPS Terminations I. Introduction Mullin v. Doe (consolidated with Trump v. Miot) arose...
EPA-Approved Pesticide Labels as “Requirements” Under FIFRA: Express Preemption of State Failure-to-Warn Cancer Claims Case: Monsanto Co. v. Durnell, 609 U. S. ___ (2026) Court: U.S. Supreme Court...
Wolford v. Lopez: States May Not Impose an “Express Consent” Default Ban on Licensed Public Carry on Private Property Open to the Public 1. Introduction Wolford et al. v. Lopez, Attorney General of...
Probable Cause Required for First Amendment Retaliation Claims Based on Quo Warranto Petitions I. Introduction In Jenna Amacher v. City of Tullahoma, Tennessee (6th Cir. June 25, 2026), the Sixth...
Actual Proof Required for Lozada Ineffective-Assistance Motions; BIA May Deny DHS Reopen-and-Dismiss Requests Without Supported Changed Circumstances I. Introduction In Sam Morris v. Todd W. Blanche,...
Sixth Circuit: (1) No Review of the Ultimate Discretionary Denial of LPR Cancellation, (2) Strict Lozada Proof of Actual Filing/Notice, and (3) BIA Discretion to Reject Unsupported DHS...