ABA Journal

4th Circuit Court

378 ABA Journal 4th Circuit Court articles.

4th Circuit vacates decision striking down age limit for handgun sales; is opinion still a ‘persuasive source’?

A federal appeals court has vacated its July decision finding that youths ages 18, 19 and 20 have a Second Amendment right to own handguns.

DOJ relies on ruling against Eugene Debs in seeking to block Texas abortion law

The U.S. Department of Justice is relying on an 1894 U.S. Supreme Court ruling involving American Railway Union leader Eugene Debs in its lawsuit seeking to block a restrictive Texas abortion law.

Law school clinic wins reversal of 1993 conviction based on prosecutor’s remarks about ‘trickster lovers’

A prosecutor’s closing argument about sadomasochistic “trickster lovers” made a 1993 sexual assault trial so fundamentally unfair that the conviction should be reversed, a federal appeals court has ruled.

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

School dress codes mandating skirts for girls may violate Title IX, 4th Circuit rules

Sex-specific school dress codes may violate federal education law, a federal appeals court has ruled in a challenge to a charter school’s skirts-only dress code for girls.

Ban on topless women doesn’t violate equal protection clause, 4th Circuit says; concurrence questions precedent

A ban on women going topless in public in Ocean City, Maryland, doesn’t violate the equal protection clause of the 14th Amendment, the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, has ruled.

4th Circuit dismisses Baltimore attorney’s suit against SPLC over ties to white supremacist group

Southern Poverty Law Center articles that publicized a Baltimore attorney’s connection to a white supremacist group are protected under the First Amendment, a federal appeals court ruled Monday.

Texas AG agrees to stop blocking Twitter users for ‘First Amendment-protected viewpoints’

The Texas attorney general has agreed to stop blocking critics on social media after a group of them alleged in court he was violating their free-speech rights.

Afternoon Briefs: 2 appeals nominees in latest judicial picks; axed dean will remain as law prof

Biden announces new round of judicial picks

President Joe Biden’s fifth round of judicial picks includes nominees to two federal appeals courts. Virginia Solicitor General Toby Heytens is nominated to…

SCOTUS lets stand victory by transgender man Gavin Grimm, former student who sued over bathroom policy

The U.S. Supreme Court has let stand a ruling that a Virginia school board violated the constitutional rights of Gavin Grimm, a transgender man and a former high school student, when it barred him from using the bathroom that matched his gender identity.

Spy plane surveillance violates Fourth Amendment, en banc appeals court rules

An en banc federal appeals court ruled 8-7 on Thursday that a warrantless aerial surveillance program run by the Baltimore Police Department violated the Fourth Amendment.

Pro se defendant’s grandiose remarks not disqualifying, 4th Circuit says; some trial lawyers are ‘outright narcissists’

A defendant who made grandiose statements while defending himself was of the same ilk of many great trial lawyers who are somewhat full of themselves, a federal appeals court concluded in upholding his conviction.

Divided federal appeals court affirms ruling against former state justice regarding juror’s Twitter use

An en banc federal appeals court split 6-6 Thursday in an appeal by a former West Virginia Supreme Court justice who was seeking a hearing on a juror’s Twitter use during his fraud trial.

Citing First Amendment, 4th Circuit reverses conviction for retired Air Force officer’s use of N-word

A federal appeals court has reversed the conviction of a white retired Air Force lieutenant colonel who used the N-word while complaining about a Black store employee who asked whether he needed any help.

Gun owners have no unfettered right to carry their weapons in public, en banc appeals court says

The Second Amendment doesn’t protect an unfettered right to openly carry a gun or pistol in public, according to the en banc 9th U.S. Circuit Court of Appeals at San Francisco.

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