federal Case Commentaries

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump

Date: Oct 9, 2025

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump Introduction In Doe v. Trump, the First Circuit confronted Executive Order 14160,...

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies

Date: Oct 9, 2025

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies Introduction In New Hampshire Indonesian Community Support v. Trump,...

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children

Date: Oct 9, 2025

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children Introduction This appeal from...

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges

Date: Oct 9, 2025

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges Introduction In Triumph Foods, LLC v. Campbell (1st Cir....

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)

Date: Oct 9, 2025

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)...

Eleventh Circuit Reaffirms: “Wasted Time” and Attorney Consultation Alone Are Self‑Imposed Harms Insufficient for Article III Standing in FDCPA/FCCPA Suits

Date: Oct 9, 2025

Eleventh Circuit Reaffirms: “Wasted Time” and Attorney Consultation Alone Are Self‑Imposed Harms Insufficient for Article III Standing in FDCPA/FCCPA Suits Case: Alex El Bachiri v. Medicredit, Inc....

Eleventh Circuit Reaffirms State-Schedule Approach and Georgia Aggravated Assault as “Crime of Violence” for §2K2.1 Enhancements: United States v. Morris

Date: Oct 9, 2025

Eleventh Circuit Reaffirms State-Schedule Approach and Georgia Aggravated Assault as “Crime of Violence” for §2K2.1 Enhancements Introduction In United States v. Devontae Jammell Morris (No....

No Obligation to Reweigh § 3553(a) in Light of Intervening Law: Eleventh Circuit Affirms Denial of Compassionate Release in United States v. Cruz

Date: Oct 9, 2025

No Obligation to Reweigh § 3553(a) in Light of Intervening Law: Eleventh Circuit Affirms Denial of Compassionate Release in United States v. Cruz Introduction In an unpublished, per curiam decision,...

Keene Harmless-Error Shield Applies Even When the Alternative Sentence Is Prompted by the Government: United States v. Parks (11th Cir. 2025)

Date: Oct 9, 2025

Keene Harmless-Error Shield Applies Even When the Alternative Sentence Is Prompted by the Government: United States v. Parks (11th Cir. 2025) Introduction In United States v. Santino Demarco Parks,...

Misdesignated Notices Saved by FRAP 3(c)(7), “Some Day Intentions” Do Not Confer Equitable Standing, and Neutral Single‑Family Zoning Is Not Facially Discriminatory: Commentary on Be the Bush Recovery Ministries v. Coffee County

Date: Oct 9, 2025

Misdesignated Notices Saved by FRAP 3(c)(7), “Some Day Intentions” Do Not Confer Equitable Standing, and Neutral Single‑Family Zoning Is Not Facially Discriminatory: Commentary on Be the Bush...

A New Interpretation on Appeal Is a Forfeited Issue: The Eleventh Circuit Clarifies the Issue–Argument Divide in Gould v. Interface

Date: Oct 9, 2025

A New Interpretation on Appeal Is a Forfeited Issue: The Eleventh Circuit Clarifies the Issue–Argument Divide in Gould v. Interface Court: U.S. Court of Appeals for the Eleventh Circuit Date: October...

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status

Date: Oct 9, 2025

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status Introduction In Maurice v. Bondi,...

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Oct 5, 2025

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary Introduction This commentary examines the Third Circuit’s non-precedential...

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Date: Oct 5, 2025

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling Case: Margarita Marshall v. United States Post Office, United States Postal...

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability

Date: Oct 5, 2025

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability Introduction This...

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay

Date: Oct 5, 2025

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay Note: This Third Circuit disposition is “not...

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud

Date: Oct 5, 2025

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud...

Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3)

Date: Oct 5, 2025

Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3) Introduction In Williams v. GoAuto Insurance, the United States Court of...

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