Seventh Circuit Opinions
@ca7opinions.bsky.social
Litigator. Chicago. Former Seventh Circuit clerk.
The CA7 panel today hearing whether 18 USC 922(g)(1) (felon in possession) is facially unconstitutional (spoiler: it’s not) is Easterbrook, Brennan, and St. Eve. This is odd because this same panel will hear the IL assault weapons ban and I see no reason why the cases are related.
#LawSky
#LawSky
December 11, 2024 at 2:15 PM
The CA7 panel today hearing whether 18 USC 922(g)(1) (felon in possession) is facially unconstitutional (spoiler: it’s not) is Easterbrook, Brennan, and St. Eve. This is odd because this same panel will hear the IL assault weapons ban and I see no reason why the cases are related.
#LawSky
#LawSky
Disgraceful. Those districts need judges, no matter who appoints them. It’s bad that the House did not pass the bill until after the election, but the fact that our opponents are playing political games doesn’t mean our party shouldn’t give the American people a win.
#LawSky
#LawSky
NEW: The White House says it will veto legislation to add trial court judges for the first time in decades. Per statement, the bill is “unnecessary to the efficient and effective administration of justice.” news.bloomberglaw.com/us-law-week/...
December 10, 2024 at 5:16 PM
Disgraceful. Those districts need judges, no matter who appoints them. It’s bad that the House did not pass the bill until after the election, but the fact that our opponents are playing political games doesn’t mean our party shouldn’t give the American people a win.
#LawSky
#LawSky
Love a good categorical approach case. Looks exactly right to me.
In a rare Monday decision from the DC Cir., the court holds that federal bank robbery is not a crime of violence because it can be committed by extortion, which does not necessarily use or threaten the use of force.
Convictions vacated after almost 20 years.
media.cadc.uscourts.gov/opinions/doc...
Convictions vacated after almost 20 years.
media.cadc.uscourts.gov/opinions/doc...
December 9, 2024 at 11:54 PM
Love a good categorical approach case. Looks exactly right to me.
There was, of course, no district court involved here. The law provided for original jurisdiction before the D.C. Circuit.
Also, Merrick Garland went all in on the Tik Tok ban, including filing a bunch of secret documents under seal in the appeal, and Tik Tok’s lawyers werent even allowed to look at it! Total sandbagging. Appellate courts almost *never* let u file new stuff that wasnt in the district ct record
December 6, 2024 at 5:29 PM
There was, of course, no district court involved here. The law provided for original jurisdiction before the D.C. Circuit.
The third judge in the Illinois assault weapons ban case (randomly selected to replace Judge Wood, who retired) is Judge St. Eve, a moderate judge who is basically at the center of the Seventh Circuit. The court (with Easterbrook and Brennan) stays the injunction pending appeal:
#LawSky
#LawSky
December 6, 2024 at 2:46 PM
The third judge in the Illinois assault weapons ban case (randomly selected to replace Judge Wood, who retired) is Judge St. Eve, a moderate judge who is basically at the center of the Seventh Circuit. The court (with Easterbrook and Brennan) stays the injunction pending appeal:
#LawSky
#LawSky
This is very sad. Judge Flaum was one of the best. He served as an active judge well into his 80s (took senior status in late 2020) and was just a couple weeks away from having been on the bench for 50 years.
#LawSky
#LawSky
While the jurors are on break, Judge Blakey tells the attorneys that Seventh Circuit Appellate Judge Joel Flaum died last night, and that the funeral is on Monday. Attorneys said they'd discuss possibly re-arranging Monday's schedule so Blakey can attend the funeral.
December 5, 2024 at 5:29 PM
This is very sad. Judge Flaum was one of the best. He served as an active judge well into his 80s (took senior status in late 2020) and was just a couple weeks away from having been on the bench for 50 years.
#LawSky
#LawSky
This spring, the Seventh Circuit held 2-1 (Jackson-Akiwumi with Wood, Ripple dissenting) that it was plainly erroneous to apply a Armed Career Criminal Act sentencing enhancement because one of the predicate offenses could be committed recklessly: media.ca7.uscourts.gov/cgi-bin/Opin...
#LawSky
#LawSky
media.ca7.uscourts.gov
December 4, 2024 at 5:29 PM
This spring, the Seventh Circuit held 2-1 (Jackson-Akiwumi with Wood, Ripple dissenting) that it was plainly erroneous to apply a Armed Career Criminal Act sentencing enhancement because one of the predicate offenses could be committed recklessly: media.ca7.uscourts.gov/cgi-bin/Opin...
#LawSky
#LawSky
I tried to tell a joke about class certification, but the punchline wasn’t ascertainable.
I have a res judicata joke, but you’ve probably already heard it
I have a joke about consideration, but you have to tell me one too
December 4, 2024 at 5:00 AM
I tried to tell a joke about class certification, but the punchline wasn’t ascertainable.
Reposted by Seventh Circuit Opinions
I have a res judicata joke, but you’ve probably already heard it
I have a joke about consideration, but you have to tell me one too
I have a joke about efficient breach, but it’s not worth it
December 3, 2024 at 11:37 PM
I have a res judicata joke, but you’ve probably already heard it
Reposted by Seventh Circuit Opinions
I'm a transactional lawyer, which joke should I copy and paste?
I have a res judicata joke, but you’ve probably already heard it
I have a joke about consideration, but you have to tell me one too
December 4, 2024 at 2:47 AM
I'm a transactional lawyer, which joke should I copy and paste?
I’d like to read the opinion because this reasoning seems odd. Picking winners and losers is classic legislating. Strange to imagine the Wisconsin constitution forbids it. But I don’t know much about Wisconsin law besides the bonkers veto power.
#LawSky
#LawSky
Wisconsin public worker and teachers unions scored a major legal victory Monday with a ruling that restores collective bargaining rights they lost under a 2011 state law that sparked weeks of protests and made the state the center of the national battle over union rights.
Unions score a major win in Wisconsin with a court ruling restoring collective bargaining rights
Wisconsin public worker and teachers unions scored a major legal victory Monday with a ruling that restores collective bargaining rights they lost under a 2011 state law that sparked weeks of prote…
www.chicagotribune.com
December 4, 2024 at 4:08 AM
I’d like to read the opinion because this reasoning seems odd. Picking winners and losers is classic legislating. Strange to imagine the Wisconsin constitution forbids it. But I don’t know much about Wisconsin law besides the bonkers veto power.
#LawSky
#LawSky
The lawsuit filed by Dexter Reed’s mother against the City of Chicago settled last week (NDIL case no. 24-cv-3271). Reed was shot and killed by CPD during a traffic stop in March, seemingly after firing on police.
#LawSky
#LawSky
December 4, 2024 at 1:45 AM
The lawsuit filed by Dexter Reed’s mother against the City of Chicago settled last week (NDIL case no. 24-cv-3271). Reed was shot and killed by CPD during a traffic stop in March, seemingly after firing on police.
#LawSky
#LawSky
As of today, the government’s motion for a stay pending appeal in the Illinois assault weapons ban case is fully briefed. (CA7 No. 24-3060.) The district court’s stay expires next week, so expect a decision soon. The decision may hint at the third panel member.
#LawSky
#LawSky
December 4, 2024 at 1:15 AM
As of today, the government’s motion for a stay pending appeal in the Illinois assault weapons ban case is fully briefed. (CA7 No. 24-3060.) The district court’s stay expires next week, so expect a decision soon. The decision may hint at the third panel member.
#LawSky
#LawSky
The panel said they didn’t like my appellate lawyer joke, but that’s just their opinion.
I have an appellate lawyer joke, but I didn’t preserve it below
I have a res judicata joke, but you’ve probably already heard it
December 4, 2024 at 1:08 AM
The panel said they didn’t like my appellate lawyer joke, but that’s just their opinion.
Bad streak for AUSAs at CA7 continues.
Yesterday (Scudder): How can we more clearly say "follow our precedents"?
Today (unpublished, Rovner, Scudder, Kolar): Please don't tell district courts false information, sometimes they take you seriously.
#LawSky
Yesterday (Scudder): How can we more clearly say "follow our precedents"?
Today (unpublished, Rovner, Scudder, Kolar): Please don't tell district courts false information, sometimes they take you seriously.
#LawSky
December 4, 2024 at 12:54 AM
Bad streak for AUSAs at CA7 continues.
Yesterday (Scudder): How can we more clearly say "follow our precedents"?
Today (unpublished, Rovner, Scudder, Kolar): Please don't tell district courts false information, sometimes they take you seriously.
#LawSky
Yesterday (Scudder): How can we more clearly say "follow our precedents"?
Today (unpublished, Rovner, Scudder, Kolar): Please don't tell district courts false information, sometimes they take you seriously.
#LawSky
Cop: I saw a fight on a porch, arrested one of the guys, and found a gun on him.
Magistrate judge: Sounds right to me, motion to suppress denied.
Guy: The body cam footage contradicts his testimony. You can't see the fight or wetness from snow.
CA7 (Sykes): Are you fucking kidding me?
#LawSky
Magistrate judge: Sounds right to me, motion to suppress denied.
Guy: The body cam footage contradicts his testimony. You can't see the fight or wetness from snow.
CA7 (Sykes): Are you fucking kidding me?
#LawSky
December 4, 2024 at 12:51 AM
Cop: I saw a fight on a porch, arrested one of the guys, and found a gun on him.
Magistrate judge: Sounds right to me, motion to suppress denied.
Guy: The body cam footage contradicts his testimony. You can't see the fight or wetness from snow.
CA7 (Sykes): Are you fucking kidding me?
#LawSky
Magistrate judge: Sounds right to me, motion to suppress denied.
Guy: The body cam footage contradicts his testimony. You can't see the fight or wetness from snow.
CA7 (Sykes): Are you fucking kidding me?
#LawSky
AUSA: If a defendant claims the district court erred at sentencing but doesn’t raise it below, it’s reviewed for plain error, right?
CA7 (2022): No, de novo.
CA7 (2024): No, de novo.
CA7 (2024): No, de novo.
CA7 (yesterday, Scudder, with Brennan and Maldonado):
#LawSky
CA7 (2022): No, de novo.
CA7 (2024): No, de novo.
CA7 (2024): No, de novo.
CA7 (yesterday, Scudder, with Brennan and Maldonado):
#LawSky
December 4, 2024 at 12:48 AM
AUSA: If a defendant claims the district court erred at sentencing but doesn’t raise it below, it’s reviewed for plain error, right?
CA7 (2022): No, de novo.
CA7 (2024): No, de novo.
CA7 (2024): No, de novo.
CA7 (yesterday, Scudder, with Brennan and Maldonado):
#LawSky
CA7 (2022): No, de novo.
CA7 (2024): No, de novo.
CA7 (2024): No, de novo.
CA7 (yesterday, Scudder, with Brennan and Maldonado):
#LawSky