In the never-ending wake of the contested presidential election of 2020, the House Select Committee investigating the January 6th attack on the capitol subpoenaed self-described “activist law professor” John Eastman, who represented President Trump in litigation following the election. Eastman filed a complaint in response, arguing that the Committee was improperly acting in a law enforcement capacity rather than a […]
Federal Court Finds Trump Most Likely Committed a Felony Following 2020 Election
Supreme Court Issues Significant Clarification About Malicious Prosecution Claims
The Supreme Court just made it a little easier to bring a malicious prosecution claim under the Fourth Amendment. Thompson v. Clark arose when the father of a newborn was arrested and criminally charged for events stemming from his child’s diaper rash. The father, Larry Thompson, claimed the state charged him even though prosecutors had no reason to think he committed […]
If You Rob Someone at the ATM, You May Be Charged With Robbing a Bank
Most armed robberies are state crimes, with some exceptions—for example, it is a federal crime to rob any bank. Under 18 U.S.C. § 2113(a), anyone who “by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another . . . money . . . belonging to, or in the care, custody, control, management, or possession of, any […]
Eleventh Circuit to Review Nationwide Injunction Against Vaccine Mandate for Federal Contractors
The coronavirus pandemic may be winding down, but there are still cases pending on the legality of executive mandates requiring vaccination for different types of employees. One of them, Georgia v. Biden, is currently before the 11th Circuit Court of Appeals, and its resolution will determine the fate of President Joe Biden’s executive order mandating vaccination for federal contractors. Federal Contractor Vaccine Mandate In September 2021, President […]
First Circuit: Puerto Rican Jockeys Had Right to Strike for Better Pay
Jockeys at Puerto Rico’s lone horse-racing track have been paid the same amount since 1989; a $20 “mount fee” for each race and a share of the prize money if they finish at least fifth. Unsurprisingly, they became fed up with the low pay and other work conditions at the track. In 2016, when attempts at negotiation failed, they made […]
Sixth Circuit Warns District Courts to Lay Off Nationwide Injunctions
The use of nationwide preliminary injunctions has been on the rise in recent decades. A preliminary injunction is a court order that prohibits one party in a lawsuit from taking a certain action or the government from enforcing a particular rule or law. Unlike, say, a temporary restraining order, a preliminary injunction can last for the entirety of the litigation. […]