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What is the easternmost point of the Fourth Circuit’s jurisdiction?
Here are two maps to help: Map 1, Map 2. I just returned from a trip to a family resort area near the easternmost point of the Fourth Circuit, according to Google Maps. The two linked maps suggest the...
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Second (non-healthcare) decision from the Fourth Circuit panel that heard the...
On May 10, 2011, a three-judge panel of the Fourth Circuit composed of Judge Motz, Judge Davis, and Judge Wynn heard arguments in two cases challenging the individual mandate in the Affordable Care...
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Some speculation about the authorship of the individual mandate opinions in...
Now that the Fourth Circuit panel that heard oral argument in Virginia v. Sebelius and Liberty University v. Geithner has disposed of the other two appeals heard that same morning, one can use the...
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En banc Fourth Circuit votes 8-5 on GVR’d case, departing from earlier...
The Fourth Circuit’s 8-5 en banc decision in United States v. Simmons holds that the Fourth Circuit’s earlier decision in United States v. Harp, 406 F.3d 242 (4th Cir. 2005), “no longer remains good...
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Another sentence vacated in light of en banc decision in Simmons
The Fourth Circuit’s en banc decision last week in United States v. Simmons changed the way that the Fourth Circuit analyzed prior North Carolina convictions for sentencing enhancement under the Armed...
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Fourth Circuit affirms denial of preliminary injunction seeking continuation...
The Fourth Circuit issued a published opinion in Dewhurst v. Century Aluminum Company affirming the denial of a preliminary injunction seeking continuation of certain health care benefits. The dispute...
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No earth-shaking legal developments out of Richmond to report yet today . . .
The Fourth Circuit usually has its opinions posted by this time of day, but they are probably experiencing some minor delays stemming from this afternoon’s earthquake. Here at the University of...
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A Society Without a Name Remains a Society Without a Claim, as Fourth Circuit...
The Fourth Circuit issued a published decision today affirming the district court’s dismissal of all claims in A Society Without a Name, For People Without a Home, Millennium Future-Present v....
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Fourth Circuit affirms certification of class of business advertisers...
The Fourth Circuit issued a split decision today in Gray v. Hearst Communications, Inc. affirming the certification of a class of business advertisers. The class members are businesses that purchased...
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All quiet in Richmond lately . . .
Hurricane Irene brought peace (eirene) of a sort to Richmond. Without power, there is only so much that one can do. And many in Richmond have been, and remain, without power. The Fourth Circuit has not...
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Congress can and should enact a statutory fix for the Tax Anti-Injunction Act...
Regardless of what one thinks about the constitutionality of the individual mandate in the Affordable Care Act, there appears to be an emerging bipartisan consensus that (1) its constitutionality...
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Alternative state standing theory #1: indirect injury from incremental...
As explained in a prior post, the jurisdictional infirmities exposed by the Fourth Circuit’s rulings in Virginia v. Sebelius and Liberty University v. Geithner should bring renewed attention to the...
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If it looks to you like I’m left leaning, perhaps you’re the one who needs to...
One of the top stories currently running at The American Spectator is “Obamacare’s Last Best Hope”, by David Catron. The bio describes Mr. Catron as a “health care revenue cycle expert” who blogs at...
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New Fourth Circuit Judge: Senate confirms Judge Henry Floyd (SC) with 96-0 vote
The Senate cannot agree on much these days, it seems, but the Senate did unanimously agree today that Judge Henry Floyd of South Carolina should be confirmed to the United States Court of Appeals for...
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Fourth Circuit authorizes successive 2255 motion based on Graham v. Florida
The Fourth Circuit yesterday granted the motion of Ronald Evans to filed a successive habeas application based on Graham v. Florida, 130 S.Ct. 2011 (2010), in which the Supreme Court held that the...
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