Short Circuit: A Roundup of Recent Federal Court Decisions

2022-08-13 20:57:42 By : Ms. Sophie Sun

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Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.

Friends, Short Circuit Live is heading to New York City. Please join us on October 26th for a live recording of the Short Circuit podcast focusing on the Second Circuit, featuring Maaren Shah of Quinn Emanuel, Bruce Green of Fordham Law, and Alexander Reinert of Cardozo Law (who incidentally has a new paper out that blows SCOTUS's common-law justification for qualified immunity to smithereens). Click here to RSVP.

In 2016, D.C. officials crafted new regulations requiring child  care  providers to obtain college credentials in early childhood education. Day  care  providers and parents: Which will throw a lot of us out of work and raise the cost of child  care  (that is already the highest in the nation) while providing no actual benefits to children. D.C. Circuit: It is rational to make it illegal to take care of 2-year-olds without first passing college-level math courses. (This is an IJ case.)

In a decisive victory for good order and common sense, this week the Arizona Supreme Court unanimously ruled that when state officials demanded that IJ client Greg Mills comply with an (onerous and unnecessary) licensing rule or shut down his business, that right there was enough to let Greg file a challenge to the rule under the Arizona Constitution. The lower courts had dismissed the case, holding that he needed to wait for the agency to finish administratively prosecuting him—a veritable license for officials to delay judicial review indefinitely. "Arizona law makes clear people don't have to live under a cloud of uncertainty when their rights are threatened," says IJ-AZ Managing Attorney Paul Avelar. "[The] decision is yet another rebuke of government attempts to threaten people's rights and then deny them a timely day in court." Click here to learn more.

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NEXT: Court: “A Retweet Is Not Necessarily an Endorsement”

John Ross is the editor of the Short Circuit newsletter and the producer of the Bound By Oath podcast, two incomparable projects of surpassing importance from the Institute for Justice.

Jacob Sullum | From the August/September 2022 issue

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