privileges-and-immunities-and-the-commerce-clause:-supreme-court& Case Commentaries

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Date: Nov 3, 2025

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

Date: Nov 3, 2025

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Date: Nov 3, 2025

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

Date: Nov 3, 2025

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

Date: Nov 3, 2025

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Date: Nov 3, 2025

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

Date: Nov 3, 2025

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...

United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences

Date: Nov 3, 2025

United States v. Cuellar: Fourth Circuit Reaffirms Co‑Conspirator Drug Quantity Attribution and the Presumption of Reasonableness for Below‑Guidelines Sentences Court: United States Court of Appeals...

Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025)

Date: Nov 2, 2025

Imputed Political Opinion Must Be Squarely Addressed; Unreasonable Arrest‑Warrant Corroboration Rejected in Asylum Cases — Commentary on Lin v. Bondi (2d Cir. 2025) Case: Lin v. Bondi, No. 22-6532...

Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks

Date: Nov 2, 2025

Gross Violation as a Prerequisite to Extended-Eligibility Compensatory Education: The Second Circuit’s Summary Order in Perez v. Banks Introduction In a non-precedential Summary Order, the United...

Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed

Date: Nov 2, 2025

Eleventh Circuit: Mental Illness Does Not Preclude an Upward Variance for Deterrence and Public Protection; Mere Reference to Pending State Charges Is Not Procedural Error When Disclaimed Case:...

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon

Date: Nov 2, 2025

In the “Twilight” Between Passive and Active Resistance: Sixth Circuit Reaffirms Qualified Immunity for Taser Use During Vehicle Extraction Where Officer Suspects a Weapon Introduction This Sixth...

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite Essential Functions Exist

Date: Nov 2, 2025

“Some Harm,” Not “Unreasonable Interference”: Sixth Circuit Extends McNeal/Muldrow Hostile-Work-Environment Standard to ADA Claims and Clarifies Limits of Remote-Work Accommodations Where Onsite...

Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter

Date: Nov 2, 2025

Translation Services Qualify as “Material Support” Under 18 U.S.C. § 2339B: The Sixth Circuit’s Published Holding in United States v. Carpenter Court: U.S. Court of Appeals for the Sixth Circuit...

No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review in Custodia Bank v. FRBKC

Date: Nov 2, 2025

No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review Introduction In a closely watched dispute at the intersection of payments...

COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025)

Date: Nov 2, 2025

COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025) Introduction In...

Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025)

Date: Nov 2, 2025

Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025) Introduction United...

Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing

Date: Nov 2, 2025

Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing Case: United States v. Fraser,...

No Anti‑SLAPP Shield for Private‑Employer Contacts Without a Plausible Nexus to Government Proceedings: The First Circuit’s Post‑Bristol Application in Blakesley v. Marcus

Date: Nov 2, 2025

No Anti‑SLAPP Shield for Private‑Employer Contacts Without a Plausible Nexus to Government Proceedings: The First Circuit’s Post‑Bristol Application in Blakesley v. Marcus Introduction In Blakesley...

No Collateral Attack on the JPML Lottery: Filing of the Administrative Record Fixes Venue Under 28 U.S.C. § 2112(a)

Date: Nov 2, 2025

No Collateral Attack on the JPML Lottery: Filing of the Administrative Record Fixes Venue Under 28 U.S.C. § 2112(a) Introduction In Direct Action for Rights and Equality v. FCC, a consolidated set of...