ABA Journal

4th Circuit Court

391 ABA Journal 4th Circuit Court articles.

Retired Judge Luttig explains ‘slow and methodical’ speech during Jan. 6 hearing

Retired Judge J. Michael Luttig has responded to social media speculation about his slow speaking style during testimony Thursday before the House select committee investigating the Jan. 6, 2021, U.S. Capitol riot.

Charter school dress code requiring skirts for girls violates equal protection clause, 4th Circuit rules

An en banc federal appeals court ruled Tuesday that a public charter school in North Carolina violated the equal protection clause when it required girls to wear skirts.

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Second Loss for Rep. Madison Cawthorn: 4th Circuit revives claim that he is an insurrectionist unfit for office

Congress didn’t give amnesty to future insurrectionists who are barred from office under the Constitution’s disqualification clause, a federal appeals court ruled Tuesday.

4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

Federal court officials can be sued for alleged failure to protect public defender from sex bias, 4th Circuit rules

A federal appeals court ruled Tuesday that a former assistant federal public defender in North Carolina can sue court officials for constitutional violations stemming from an alleged faulty investigation of sexual harassment.

Can Rep. Marjorie Taylor Greene be banned from reelection? 14th Amendment at issue

Georgia voters who want to ban a reelection bid by Republican U.S. Rep. Marjorie Taylor Greene got a boost Friday, when a federal judge in Atlanta indicated that she will likely allow the election challenge.

Richard Posner’s lawyer says the retired judge has Alzheimer’s, didn’t have capacity to contract

Richard Posner, a retired judge on the 7th U.S. Circuit Court of Appeals at Chicago, didn’t have the capacity to enter into a contract because of Alzheimer’s disease, his lawyer said in a letter.

Potential SCOTUS nominee Childs helps others succeed; is ‘typical corporate lawyer’ work a problem?

U.S. District Judge J. Michelle Childs, a potential U.S. Supreme Court nominee, wins high praise from lawyers who practiced before her and those who worked with her. But some liberal critics see her work for a management-side labor law firm as a negative.

4th Circuit judge rescinds plan to take senior status

A federal judge who announced in August that he would step down from active service has changed his plans.

Senate confirms first openly LGBTQ woman to a federal appeals court

The U.S. Senate confirmed Vermont Supreme Court Justice Beth Robinson to the 2nd U.S. Circuit Court of Appeals at New York on Monday, making her the first openly LGBTQ woman to serve on a federal appeals court.

DOJ agrees to pay $88M to settle suit over flawed gun check before South Carolina church shooting

The U.S. Department of Justice announced Thursday that it has reached an agreement to pay $88 million to settle litigation stemming from a 2015 mass shooting at a historic Black church in Charleston, South Carolina.

Weekly Briefs: Skirts-only dress code gets rehearing; ex-judge reprimanded for ‘sexual innuendo’

En banc 4th Circuit will rehear school dress-code case

The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, has granted an en banc rehearing to consider a challenge to…

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.

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