Last Week in Federal Appeals (No. 25)
Last Week in Federal Appeals (No. 25)
Appellate decisions from the week of November 29 to December 3, 2021
“Flags themselves have the capacity to communicate messages pertaining to, say, a government’s identity, values, or military strength. The flag displayed in the jury room is no different. Its original purpose was to ‘knit the loyalty’ of those in the Confederate states ‘to a flag’ that conveyed the political ideals of the Confederacy. . . . [S]lavery and the subjugation of black people are inextricably intertwined with the Confederacy and the symbols thereof. Such ideals, however, are antithetical to the American system of jurisprudence and cannot be tolerated [in a jury room].”
~ Judge James Curwood Witt, Jr., State of Tennessee v. Gilbert
Decision Summaries:
First Circuit
Curtis v. Galakatos
The First Circuit held that a Massachusetts district court erred by dismissing a lawsuit on forum non conveniens grounds, even though it related to a boating accident in Greek waters. The plaintiffs’ boat was struck from behind by another vessel owned by a U.S. citizen, but piloted by a Greek citizen. The panel rejected the claim that the case should have been filed in Greece.
Second Circuit
Kane v. De Blasio
The Second Circuit rejected a facial First Amendment challenge to a New York City order requiring New York City school employees to be vaccinated against COVID-19. But the panel held that the plaintiffs were entitled to a preliminary injunction on their claim challenging the way that religious accommodation exception applications were considered. The City had refused to allow accommodations if a religion’s leader (e.g., the Pope) had spoken in favor of vaccines.
Fourth Circuit
Pugin v. Garland
The Fourth Circuit held that Chevron deference applies to the DOJ’s interpretation of “obstruction of justice” as it applies to the definition of “aggravated felony” under the Immigration and Nationality Act. For that reason, the panel explained, being an “accessory after the fact” categorically qualifies as an aggravated felony qualifying an immigrant for deportation.
Kadel v. North Carolina State Health Plan
The Fourth Circuit revived a lawsuit by State Health Plan enrollees challenging the State’s refusal to provide certain treatments to transgender plan enrollees, who argued that the refusal violates federal antidiscrimination law. The panel rejected the argument that the Health Plan was immune from suit under the Eleventh Amendment, holding that the plan waived its immunity by accepting federal financial assistance.
Fifth Circuit
E.T. v. Paxton
The Fifth Circuit stayed a district court order barring the Texas Attorney General from enforcing an executive order that prohibits local governments from adopting mask mandates. The panel held that the Attorney General had shown a strong likelihood on the merits in his challenge to the district court’s order holding that the prohibitions violate the ADA and American Rescue Plan Act.
Angel Brothers Enterprises v. Walsh
The Fifth Circuit upheld an OSHA citation against a business, holding that a supervisor’s involvement in an employee’s violation of workplace safety rules can render the business liable for the violation. The panel explained that imputing the violation to the business under basic agency principles was appropriate in this case.
Sixth Circuit
Gun Owners of America v. Garland
The Sixth Circuit, sitting en banc, divided equally on the question of whether the DOJ exceeded its authority by construing the word “machinegun” to include bump-stock devices. The district court concluded that it did not. Because the Circuit was evenly divided, that lower-court ruling stands.
Ninth Circuit
Duncan v. Bonta
The Ninth Circuit, sitting en banc, held that California’s ban on large-capacity gun magazines does not violate the Second Amendment.
Kumar v. Garland
The Ninth Circuit reversed a Board of Immigration Appeals’ decision refusing to grant asylum and related relief, rejecting the Board’s credibility findings. The panel held that the findings were based almost entirely on speculation and the incorrect belief that there were inconsistencies in the immigrant’s statements.
City of Oakland v. Oakland Raiders
The Ninth Circuit rejected an antitrust lawsuit against the NFL, which argued that the League and its member teams created an artificial scarcity in professional football teams and used that scarcity to demand supra-competitive prices from potential host-cities. Oakland argued that the Raiders would not have moved to Las Vegas but for this conduct. The panel held that Oakland failed to allege statutory standing and, in any event, failed to allege a group boycott because only one team refused to deal with the city.
D.C. Circuit
Leopold v. U.S. Department of Justice
The D.C. Circuit awarded a partial victory to BuzzFeed in its attempt to obtain an unredacted version of Special Counsel Mueller’s report on potential Russian interference in the 2016 election. Although it upheld some of the district court’s rulings related to personally identifying information, it held that DOJ must reveal certain “passages that primarily show how the Special Counsel interpreted relevant law and applied it to already publicly available facts available elsewhere.”
In the News:
The Supreme Court heard oral argument in Dobbs v. Jackson Women’s Health Organization, in which a majority of justices appeared poised to overrule Roe v. Wade’s rule that abortions cannot be prohibited pre-viability.
At oral argument in American Hospital Association v. Becerra, several justices appeared poised to overrule Chevron, which directs federal courts to defer to administrative agencies in interpreting ambiguous statutes.
The Presidential Commission on the Supreme Court of the United States released its report on various Supreme-Court-reform proposals; the Commission did not make any firm recommendations for reform.
State Decisions of Interest:
The Tennessee Court of Criminal Appeals held that a Black defendant did not receive a fair trial where a jury was allowed to deliberate in a room maintained by the United Daughters of the Confederacy and containing, among other things, the national flag of the Confederacy and a portrait of Jefferson Davis.
Any opinions expressed here are my own. This article is not legal advice; if you have a legal issue, you should consult an attorney.
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