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The Supreme Court denied cert this week in the Utah Highway Cross Cases out of the Tenth Circuit Court of Appeals: Utah Highway Patrol Association v. American Atheists, Inc., and Davenport, et al., v. American Atheists. The Tenth Circuit, relying on the Lemon/endorsement test, ruled in both cases last year that cross memorials honoring fallen troopers on Utah highways were unconstitutional under the Establishment Clause. Justice Clarence Thomas authored a 19-page dissenting opinion to the Court’s decision to deny cert, noting that the appellate court had relied on its own precedent, instead of a Supreme Court decision, when deciding the case because the Supreme Court was “sharply divided” on First Amendment Establishment Clause cases....

Earlier this month, seven aides working for the office of Texas Attorney General Ken Paxton signed a letter accusing Paxton of corruption and accepting bribes. Now two of the six aides have been fired, with another two allegedly being placed on administrative leave. What is whistleblower retaliation, and what does this mean for the AG? Paxton and Paul Paxton is no stranger to controversy, having been previously charged with felony securities fraud....

One of the biggest reasons why the 2020 elections’ stakes are so high is that this is a census year. The once-a-decade population count will affect redistricting in the U.S. House and state legislative districts for the next decade. The Trump administration drew criticism last week for its announcement on October 13 that it would end the census two weeks early on October 15 after receiving permission to do so from the U....

U.S. District Judge Richard Cebull is retiring next month in the wake of the fallout from a racist joke he emailed from an official government account. (Brief thanks, Howard Bashman at How Appealing.) Judge Cebull, formerly the Chief District Judge for Montana, transitioned to senior judicial status last month, which guaranteed him full salary with a reduced caseload, The San Francisco Chronicle reports. Tuesday, the Ninth Circuit Chief Judge Alex Kozinski announced in a press release that Judge Cebull would be retiring effective May 3....

A few parties decided to develop Utah land into a golf course, ski resort, and vacation destination. The project collapsed in development and litigation ensued. Counterclaims, third parties, and litigation consolidation added enough parties and confusion to lead the Tenth Circuit to refer to it as “metastasized.” In prior proceedings that reached the Utah Supreme Court, one of the parties sought to enforce an arbitration clause three years after litigation began....

An old video recently resurfaced on TikTok showing a woman getting, oh, let’s say quite upset, over being seated next to a mother and her infant. She screamed at a flight attendant and threatened to cost the woman her job if she wasn’t moved. The outburst got her kicked off the flight. Like this incident, many more have been recorded in the past few years involving airline passengers who go Karen crazy and are kicked off the flight....

As we give thanks this year, we wondered, what is there to be thankful for in the Seventh Circuit? The obvious answer is also the best answer. Posner is nominally a Republican, but his opinions aren’t wedded to a particular partisan slant. He doesn’t go through rhetorical acrobatics to force his opinion through a particular school of legal interpretation “just because.” He’s also terrifically clear in his writing, using a scholarly-but-conversational style that’s accessible....

The Eighth Circuit recently issued a decision in a 401(k) fiduciary lawsuit that is raising questions about “float income” – interest earned from plan assets. At issue is the handling of funds that flow into and out of 401(k) plans and the question of who profits from the float income generated while the money is held by a service provider – in this case, Fidelity Investments – before its investment or before it is it cashed by participants....

Seattle’s prohibition of bus-side advertisements criticizing funding of the Israeli military doesn’t violate the advertisers’ free speech, the Ninth Circuit ruled last Wednesday. The ads, sponsored by the Seattle Mideast Awareness Campaign, had originally been accepted by the bus authority, but were rejected after public controversy. The ads were to read “Israeli War Crimes – Your Tax Dollars at Work.” The Ninth Circuit’s finding that the bus program was a limited public forum breaks from rulings in other courts....

Unpaid internships are some of the most miserable, abusive, and exploitative forms of labor around – and you can go ahead and take advantage of them again, so long as you meet the new standard announced this month by the Second Circuit. The Second Circuit’s ruling reverses a 2013 district court decision that unpaid interns could file a class action for back wages and overtime. That decision caused many companies to curtail or eliminate their unpaid internship programs....

For such a hotly-debated topic, the law regarding bans and burdens on abortion hasn’t changed much. Any ban or undue burden on pre-viability abortions is unconstitutional per the Supreme Court’s holdings in Roe, Casey, and Gonzales. Since 1973, the bright line rule that a woman’s right to privacy trumps the state’s interest in “the potentiality of human life” is been repeatedly reaffirmed by the Supreme Court and the Circuit Courts of Appeal, despite many chances to modify or reject that rule....

Despite the First Amendment to the United States Constitution providing sweeping protections for the words we speak, one rapper, Mayhem Mal, was actually arrested and jailed due to his music’s lyrics. Those lyrics were construed as threats against police officers, and in case you didn’t know, the First Amendment’s protection for speech are in fact limited. Generally, yes, people can say whatever they please, but when it comes to things like threatening violence or yelling fire in a crowded theater, the First Amendment is powerless....

In what court watchers called an “unexpected move,” Chief Justice John Roberts announced this morning that a majority of the Supreme Court had voted sua sponte at a private conference yesterday to overturn its 2010 decision in Citizens United v. FEC, which held that corporations had a First Amendment right to spend as much as they wanted during elections. “After five years of debates, it has become clear that our earlier position was untenable and led to both corruption and the appearance of corruption,” Roberts said from the bench, echoing the language of Justice Kennedy’s opinion in that case....

Goff v. Bagley, No. 06-4669, involved a challenge to the district court’s denial of defendant’s request for habeas relief from his capital murder convictions. In reversing the denial, the court granted a conditional writ of habeas corpus as defendant’s appellate counsel was ineffective as he failed to raise on direct appeal the issue of defendant’s right to allocution before sentencing, and the opposite conclusion reached by the Ohio Supreme Court is an unreasonable application of federal law....

District court’s decision upholding a denial of petitioner’s claim for disability insurance benefits under 42 U.S.C. sections 416(i) and 423(d) is reversed and remanded as the ALJ’s determination that petitioner was able to perform a substantial number of other jobs was not supported by substantial evidence. Read Ealy v. Comm’r of Soc. Sec., No. 09-5451 Appellate Information Argued: January 12, 2010 Decided and Filed: February 5, 2010 Judges Opinion by Circuit Judge White...

First Amendment does not protect primary and secondary school teachers’ in-class curricular speech Evans-Marshall v. Bd. of Educ. of the Tipp City Exempted Vill. Sch. Dist., 09-3775, involved a teacher’s section 1983 suit against a school board and other individuals, claiming that defendants had retaliated against her curricular and pedagogical choices, infringing her First Amendment right to select books and methods of instruction for use in the classroom without interference from public official....

Yes, having one too many – or even just one – can be a crime. Or at least it used to be. But the Fourth Circuit reversed itself when reviewing a Virginia “habitual drunkard” statute this week, leading to a sharply divided 8-7 decision invalidating the law. “Without question, the many homeless citizens of Virginia who struggle with the effects of alcohol on their mental and physical health are entitled to guidance and fair notice under the law,” Judges Diana Motz and Barbara Keenan wrote for the majority....

Since Neil Gorsuch’s nomination to the Supreme Court this week, commentators have been pouring through his past opinions, looking for insight into who he is as a jurist and how he might rule on the Supreme Court. (That includes us at FindLaw. You can check out some of our surveys of Gorsuch’s opinions in terms of technology, writing style, possible impact on the Supreme Court, and his legacy on the 10th Circuit....

A lawsuit alleging malpractice for pro bono work means two lawsuits against the prominent global firm are generating bad press in recent days. You probably already know that you must treat pro bono clients equally to paying clients. It’s the right thing to do; it’s also in your own self-interest, because pro bono clients can sue for malpractice the same as any other client. Two former homeowners allege that Jones Day failed to live up to this standard, ultimately leading to their homelessness....

If you’ve been following the Kavanaugh confirmation hearings, then you’ve undoubtedly heard and seen the chaos. In addition to the clear partisan divide being exacerbated by and played out via an ongoing discovery dispute, protesters have been more vocal than ever before, causing countless interruptions throughout both the first and second days. Already, there has been over 70 arrests (no word on charges), and protesters even showed up dressed up as “Handmaids” from the new, hit, dystopian series, “The Handmaid’s Tale....