Last Week in Federal Appeals (No. 44)
Appellate decisions from the week of January 9-13, 2022
“The government’s statutory arithmetic starts with a fundamental error: It searches for power in a powerless provision. The proposition that prologues, prefatory clauses, and purpose statements do not confer legal powers, rights or duties is hardly controversial. Courts have recognized as much in interpreting all kinds of legal texts—the Constitution, statutes, congresssional resolutions, and contracts, to name just a few. . . .If ever there were a ‘subtle device’ for conferring vast regulatory power, a general statemetn of purpose surely fits the bill.”
Judge Joan Larsen, Kentucky v. Biden
Decision Summaries
First Circuit
United States v. Melendez-Rosado
The First Circuit held that the so-called “stashhouse enhancement” (USSG Section 2D1.1(b)(12)), which increases an offender’s offense level for sentencing purposes if he maintained a premises for the purpose of making or distributing a controlled substance, can apply even if the premises is also the offender’s place of residence. The panel explained that a building may have more than one principal use, so it did not matter that the premises in this case was also used as a primary place of residence.
Sixth Circuit
Kentucky v. Biden
The Sixth Circuit upheld a district court’s order enjoining the Biden Administration from compelling federal contract recipients to implement COVID-19 mask and vaccine mandates. The panel was not persuaded that the text of the relevant statute permitted this sort of requirement and found the government’s other arguments unpersuasive.
Westfield National Insurance Co. v. Quest Pharmaceuticals
The Sixth Circuit held that two insurance companies were not required to defend and indemnify a pharamceutical company in lawsuits alleging they acted wrongfully in promoting and distributing prescription opioids. The panel agreed with the district court that these were not lawsuits seeking damages “because of bodily injury,” and thus fell outside the policies’ scope.
Ninth Circuit
Johnson v. Walmart, Inc.
The Ninth Circuit held that a class-action plaintiff was not bound to arbitrate his claims related to a lifetime balancing and rotation service agreement. Although Johnson bought his tires online and Walmart’s website Terms of Service contain an arbitration clause, he purchased the service agreement in the store and did not agree to any arbitration agreement when he did so.
Tenth Circuit
Citizens for Constitutional Integrity v. United States
The Tenth Circuit rejected a creative attempt to challenge the constitutionality of the filibuster rule and the Congressional Review Act. The plaintiffs focused on the fact that, under the Act, the Senate need only muster a bare majority to disapprove a federal regulation, but it needs 60 votes under the cloture rule to delegate new authority to agencies. The panel found that the plaintiffs lacked standing to challenge the filibuster and rejected their Congressional Review Act challenges on the merits.
Eleventh Circuit
Dream Defenders v. Governor of Florida
The Eleventh Circuit left in place a preliminary injunction barring enforcement of Florida Governor Ron DeSantis’s law expanding the definition of “riot” under Florida criminal law in the wake of the Black Lives Matter protests following the murder of George Floyd. The panel noted that the new law’s definition of “riot” was not clear and certified a question to the Florida Supreme Court asking that court to clarify its meaning before the Eleventh Circuit rules on the plaintiffs’ First Amendment challenge.
In the News
The United States Supreme Court refused to revive a district court’s injunction preventing New York from enforcing its new gun law pending a Second Amendment challenge.
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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