Monthly Archives: December 2024

Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority

In Lindsey v. Whitmer, No. 24-1413 (6th Cir. Dec. 20, 2024), the Sixth Circuit struggled to reconcile two lines of Supreme Court authority about the standing of state legislators to bring federal-court lawsuits challenging the constitutionality of a state law. “The Michigan Constitution . . . . empowers citizens to amend the state constitution directlyContinue reading “Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority”

District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit

In United States v. Simmons, No. 22-12148 (11th Cir. Dec. 6, 2024), the Eleventh Circuit affirms a drug and firearm possession conviction, holding that the district court did not err by preventing the defense lawyer from showing excerpts from a video exhibit in closing arguments that were not previously shown to the jury. “During itsContinue reading “District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit”

Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit

In Gelin v. Baltimore Cnty., No. 23-1541 (4th Cir. Dec. 4, 2024), the Fourth Circuit holds an appeal before it “in abeyance” until the district court decides a pending Fed. R. Civ. P. 59 motion. The panel has occasion to decide that Fed. R. App. P. 4(a)(4)(A) – which provides that certain motions in theContinue reading “Fourth Circuit Holds Fed. R. App. P. 4(a)(4)(A) Applies to Interlocutory Appeals, Creating a Split with the Eleventh Circuit”

Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility

In R.A. v. McClenahan, No. 24-1008 (4th Cir. Dec. 3, 2024), the Fourth Circuit reverses a district court’s action granting leave to the plaintiff to amend their complaint after remand from the first appeal, despite that a panelist on the first appeal (who has since taken senior status) expressly suggested that course in a separateContinue reading “Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility”

The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments

Last week, in United States v. King Cnty., No. 23-35362 (9th Cir. Nov. 29, 2024) and State of Texas v. U.S. Dep’t of Homeland Security, No. 23-50869 (5th Cir. Nov. 27, 2024), the Fifth and Ninth Circuits follow different paths on the scope of intergovernmental immunity to insulate federal agency actions to enforce federal immigrationContinue reading “The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments”