ABA Journal

1st Circuit Court

196 ABA Journal 1st Circuit Court articles.

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

Afternoon Briefs: Trump-boosting fake lawyer sentenced; 3 of Biden’s new judicial picks have public defender experience

Trump-boosting fake lawyer sentenced to prison

A Tennessee man who founded Students for Trump has been sentenced to 13 months in prison for posing as an elite lawyer and taking…

Supreme Court will consider reinstating death sentence for Boston bomber

The U.S. Supreme Court on Monday agreed to consider whether a federal appeals court erred when it vacated the death penalty for convicted Boston bomber Dzhokhar Tsarnaev.

Afternoon Briefs: Judge strikes down CDC eviction moratorium; lawyer’s dogged determination brings cash

Judge strikes down CDC eviction moratorium

U.S. District Judge J. Campbell Barker of Tyler, Texas, has struck down a moratorium on most residential evictions by the U.S. Centers for…

Group sues Yale over race-conscious admissions and seeks cert in Harvard suit

Students for Fair Admissions has filed a lawsuit challenging race-conscious admissions policies at Yale University less than a month after the U.S. Department of Justice dropped a bias suit that it filed against the school during the Trump administration.

Advanced border searches of electronic devices don’t require probable cause, 1st Circuit rules

A federal appeals court has upheld government policies that allow basic searches of electronic devices at the border without reasonable suspicion and advanced searches only with reasonable suspicion.

Afternoon Briefs: Biden lifts transgender military ban; Boston doesn’t have to fly Christian flag, court says

Biden lifts transgender military ban

President Joe Biden signed an executive order Monday that lifts the Trump administration’s ban on transgender people in the military. “What I’m doing is enabling…

SCOTUS will consider constitutionality of home search during gun owner’s hospital visit

The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.

1st Circuit upholds Harvard’s use of race in admissions; group will seek SCOTUS review

The 1st U.S. Circuit Court of Appeals at Boston on Thursday upheld Harvard University’s use of race in undergraduate admissions.

Afternoon Briefs: Trump faces suit over rape denial; Biden opposes SCOTUS term limits

Trump can be personally sued over rape denial

A federal judge in Manhattan on Tuesday refused to substitute the federal government as the defendant in a defamation suit filed against…

1st Circuit lifts ban on immigration arrests at state courthouses in Massachusetts

A federal appeals court on Tuesday vacated a federal judge’s preliminary injunction that blocked U.S. Immigration and Customs Enforcement from making civil arrests of people in the country illegally at state courthouses in Massachusetts.

Afternoon Briefs: Boston Marathon bomber wins death penalty appeal; what’s in the GOP coronavirus bill?

Appeals court overturns Boston Marathon bomber’s death sentence

A federal appeals court has overturned the death sentence for convicted Boston Marathon bomber Dzhokhar Tsarnaev. The 1st U.S. Circuit Court…

What will change when SCOTUS hears oral arguments by phone?

The U.S. Supreme Court has a message for the nation: Please listen carefully, as our telephone options have recently changed. The high court announced that it will hold arguments by telephone conference in 10 cases in early May because of the novel coronavirus.

Why scraping publicly available information online isn’t a crime

To criminalize public website scraping castrates an open internet by curtailing access to information, says ABA Journal Legal Affairs Writer Jason Tashea. This isn’t just an issue for internet startups and academic researchers but also the legal community.

As federal anti-hacking law turns 35, its meaning, reach and effectiveness are still murky

What had started as a pre-internet computer crime law affecting national security and finance has become a statute that prosecutors, plaintiff attorneys and defense counsels agree isn’t right for its time, and maybe never was. Even with broad agreement on the problem, however, the solution is less clear.

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