Gabriel Malor
Oklahoman in Virginia. Appellate attorney.
I talk about federal court decisions. A lot.
Sometimes the most you can do is the best you can do.
gabriel.malor@gmail.com
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- 9th Cir. revives an RLUIPA claim from a Nichiren Buddhist inmate who was disenrolled from the halal prison diet he opted for as the closest approximation of his religious needs bc he purchased some non-halal items from the commissary. cdn.ca9.uscourts.gov/datastore/op...
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- Day 21: doesn't look comfortable to me, but okay . . .
- "Look at me! Look at me! I'm so provocative!"
- This is good (especially if you're the appellee/respondent). If you've hit everything you need to hit, and there are no additional questions from the panel: "If there are no further questions from the panel?" [beat] "Thank you very much for your time. We urge you to [relief sought]." [sit]
- Has any of the reporting on Julie Le's courtroom comments told us what happened *after* she suggested that she be held in contempt so she can get some sleep? I would like to know what the judge said, what the judge did, whether other counsel had a comment, etc.
- Trump's mass deportation plan destroyed the U.S. Attorney's office in Minnesota. Why were they even in Minnesota? Trump saw news reports reacting to the incel influencer who falsely claimed that there was a lot of daycare fraud. Today, @nytimes.com gave that incel influencer a glowing profile.
- Whoa. Tucked into here is reporting that AUSA Ana Voss has also given her notice of resignation. Voss is a well-respected AUSA who has basically been carrying a lot of these cases by herself.
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- ICE is not DOJ, Maybe everyone slow down.
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- Yes, yes, watch a different show, but it reminds me when Donna does a thing for some people who want to take "North" out of "North Dakota" and they complain that they don't get as much tourism as South Dakota. "They have the word 'south.'" Donna: "Also Mount Rushmore."
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- 3d Cir. holds that habeas corpus petitions challenging immigration detention are "civil actions," so prevailing noncitizens may be entitled to attorneys' fees and costs under the Equal Access to Justice Act. Gonna be a loooooooooot of these. www2.ca3.uscourts.gov/opinarch/242...
- 3d Cir. revives a lawsuit alleging that Philadelphia violated equal protection by privileging applicants for its "selective" high schools from zip codes that were disproportionately black and Hispanic relative to their white or Asian American populations. www2.ca3.uscourts.gov/opinarch/243...
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- Does anyone believe the appetites and atrocities of these people ended with Epstein?
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- Note: CBP, not ICE. (Not that ICE is any angel, but it's important to keep these straight. Yes, abolish ICE, but let's not forget that CBP is a problem too.)
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- "driving founders out of the state" is a weird thing to say. Founders?
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- Some "age gap" discourse: when I started dating the DH he was 23 years old. I was 32. Come May we'll be celebrating our eleventh year together and our ninth year married.
- This one is on Apple TV+, btw, fam.
- Y'know, it's not like a rule, or anything, but I find (here and back on the bad site) that there's really no point in responding to or @-ing an account that has fewer than, say, 500 or 1000 posts.
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- Evil.
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- 9th Cir. holds that California's ban on concealed carrying of switchblades does not violate the Second Amendment. Held: even assuming switchblades are covered by 2A, historical regulation of Bowie knives (and similar) is sufficiently analogous to CA's ban. cdn.ca9.uscourts.gov/datastore/op...
- Joining the ranks of many, many judges who have pointed out how far off the rails SCOTUS has gone with this. (Congress also deserves some blame bc it could have fixed it any time in the past 26 years.) Judge Owens (9th Cir.) once described SCOTUS' approach as "dumb, dumb, dumb" in an opinion.
- The latest example where this administration of idiot scum would sure like to convict their perceived "enemies" of something, but they're even more interested in tweeting, even if it makes doing the actual work harder.
- Counts 3 and 4 are firearm charges that bootstrap on Counts 1 (interstate travel stalking) and 2 (cyberstalking), but they can only apply if Counts 1 and 2 are necessarily "crimes of violence." Fed. judge finds that travel stalking and cyberstalking are not do not necessarily involve violence.
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- Day 16: they demanded snuggles after I made them go potty in 8° weather. Max (nearest the camera) is snoring.
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- This fuggin' guy. It is already against the law for DHS to deport U.S. citizens. Gotdamn.
- 11th Cir., 2-1, holds that it was not clearly established that it would violate a person's right to bodily integrity for sheriff's deputy to drive drunk at night without lights, hit the person's car, and then flee leaving person to die. QI for deputy. media.ca11.uscourts.gov/opinions/pub...
- 9th Cir. holds that inmate's Eighth Amendment right to outdoor exercise or otherwise meaningful opportunities for recreation was clearly established when warden denied him outdoor time during the pandemic. No QI for ward. cdn.ca9.uscourts.gov/datastore/op...
- 1st Cir. will rehear en banc an employee speech case, and tees up the question of whether speech on matters of public concern that is mocking, derogatory, and disparaging is entitled to less weight. www.ca1.uscourts.gov/sites/ca1/fi...
