Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com
Drunk Jeanine is blaming Interior, and the attorneys in USAO-DC are hoping that Trump falls for it instead of realizing coming after her and them.
Aaron Reichlin-MelnickThe DOJ’s entire motion reads as “look at us, we were innocent little babies who couldn’t have known otherwise, it’s all someone else’s fault.”
Within living memory there was a state-level effort to designate the NAACP to stop civil rights. This is a very well-worn, evil path.
The New York TimesTexas and Florida have recently designated the Council on American Islamic Relations, one of the largest Muslim civil rights groups in the U.S., as a terrorist organization. The new state-level effort to make such designations has triggered fresh civil liberties concerns from some legal scholars.
You mean Wino Jeanine was lying again? Shocking.
Scott MacFarlaneFLASH: Justice Dept seeks to dismiss Lincoln Memorial Reflecting Pool criminal case against former Olympian David Hearn Trump Admin acknowledges: "Damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor"
7th Cir.: dist. court should not have relied on old precedent that marijuana in a trash pull provided PC to search residence bc mere possession was then illegal under state law, but warrant here is fine bc it listed other reasons to suggest trafficking. media.ca7.uscourts.gov/cgi-bin/Opin...
4th Cir. holds that a personlized license plate—"FTP&ATF"—is private speech covered by the First Amendment, but declines to decide in the first instance whether Virginia's ban on vulgarities ("fuck the police") is reasonable and view-point neutral. Remanded. www.ca4.uscourts.gov/opinions/251...
Style note: DC Cir.'s Judges Pan (screengrab 1) and Randolph (screengrabs 2 and 3) disagree this morning about whether the court should use the term "child sexual abuse material ('CSAM')" or "child pornography." media.cadc.uscourts.gov/opinions/doc...
ICYMI last night, Justice Willett wrote an excellent dissent in defense of free speech and the freedom to protest urging the Supreme Court to take up this case and reverse the 5th Cir.'s ridiculous theory of negligent protest leader liability.
Gabriel MalorUPDATE: 5th Cir. will not rehear this deeply flawed decision en banc. Lawgeeks, Judge Willett authors an important dissent arguing that the panel majority's "negligent protest leader" theory is incompatible with the freedoms protected by the First Amendment. www.ca5.uscourts.gov/opinions/pub...
UPDATE: 5th Cir. will not rehear this deeply flawed decision en banc. Lawgeeks, Judge Willett authors an important dissent arguing that the panel majority's "negligent protest leader" theory is incompatible with the freedoms protected by the First Amendment. www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.govGabriel Malor5th Cir., 2-1, holds that police officer's claim that DeRay Mckesson negligently led a protest that resulted in injuries to the officer must go to a jury. Follows SCOLA's ruling that under Louisiana law there is a duty not to "negligently precipitate the crime of a third party."
UPDATE: 7th Cir., 2-1, has also issued a decision on this today, joining the 2d, 6th, 9th, 10th, and 11th Cirs. on this. As noted in the thread below, 7th Cir. previously left the question open. No longer. Decision is here --> media.ca7.uscourts.gov/cgi-bin/Opin...
Gabriel Malor9th Cir., 2-1, joins the 2d, 6th, 10th, and 11th Cirs. in holding that DHS cannot detain unadmitted noncitizens found living inside the United States without the possibility of bond while their removal proceedings are pending. Circuits split with 5th and 8th. cdn.ca9.uscourts.gov/datastore/op...
Made with OpenAI, naturally.
Raphael SatterThe longer you look at the map the worse it gets. www.reuters.com/world/africa...
9th Cir., 2-1, joins the 2d, 6th, 10th, and 11th Cirs. in holding that DHS cannot detain unadmitted noncitizens found living inside the United States without the possibility of bond while their removal proceedings are pending. Circuits split with 5th and 8th. cdn.ca9.uscourts.gov/datastore/op...
3d Cir. revives anti-trust suit against casino-hotels alleging that their use-in-common of an algorithmic software provider to set room rates causes guests to pay anticompetitive room rates. Dist. court had thought they needed to show more than common use. www2.ca3.uscourts.gov/opinarch/243...
I'm considering canceling Kindle Unlimited, is just so hard to find novels that aren't AI-written. They're horrible.
Will OremusA glut of AI-written fiction is drowning out human authors, new research shows. www.nytimes.com/2026/07/28/b...
11th Cir. revives First Amendment and equal protection claims from nonprofit African People’s Education and Defense Fund, which plausibly pleaded that it was denied Florid acounty-administered COVID-relief grants on the basis of race. (See pic.) media.ca11.uscourts.gov/opinions/pub...
2d Cir. holds that there is a qualified First Amendment right of access to the dispositions of and proceedings and documents regarding grievance complaints against New York state prosecutors, which the state courts previously automatically sealed. ww3.ca2.uscourts.gov/decisions/OP...
The constitutional remedy for a federal judge who is found to have abused the authority of the state and concealed it before he was appointed is impeachment, removal, disqualification, a civil cause of action, and criminal prosecution.
emptywheelThe chances are quite good that the "number three" at DOJ who ordered Jim Comey to be illegally surveilled was Third Circuit judge Emil Bove. (He was nominated days later.) storage.courtlistener.com/recap/gov.us...
Lawgeeks, here's one to watch that was filed on Friday. A lawsuit challenging DHS' use of facial recognition tech to collect info about ICE protesters and then retaliate against them by cancelling their TSA Precheck and Global Entry. storage.courtlistener.com/recap/gov.us...