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Unanimous 5-Judge Federal Circuit Court OpinionFrom U.S. v. Alcantara (2d Cir. 2005): Before: WALKER, Chief Judge, CARDAMONE, WINTER, STRAUB, and LAY,[*] Circuit Judges. [*] The Honorable Donald P. Lay, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation. Five judges? How did that happen? Federal courts of appeal generally sit in three-judge panels; sometimes only two judges are listed, for instance if one of the judges couldn’t participate; some opinions are one-judge decisions on certain motions; and of course there are en bancs that generally include all the judges in the circuit (except in the Ninth Circuit, where those generally have only 11 of the judges), but this isn’t an en banc. Post your answer in the comments, without peeking at the opinion. Or, if you just want to learn the answer for yourself, see here and here. I imagine this must have happened before, but…

Today in Supreme Court History: January 20, 19531/20/1953: President Eisenhower is the first President to take the inaugural oath on January 20, following the ratification of the 20th Amendment. He would make five appointments to the Supreme Court: Chief Justice Earl Warren, and Justices John Marshall Harlan I, William J. Brennan, Charles Evans Whittaker, and Potter Stewart. President Dwight D. Eisenhower made five appointments to the Supreme Court  ….. Read More.REASON – Free Minds & Free Markets | This, That and The OtherMon, January 20, 20202 hours ago

Owner-Operators Get Temporary Relief Just Hours Before New Law Went Into Effect In Califor…California’s controversial AB5 took effect at the stroke of midnight on January 1st. The law was meant as a crackdown on gig-economy employers like Uber to ensure that workers get employee rights. Owner-operators would have been – and still might be – collateral damage of the law, but a judge issued a temporary hold on enforcement for truckers. California Assembly Bill 5 puts a strict “ABC” test on independent contractors. If a job fails to meet any of the three requirements, a worker performing that job must be categorized as an employee and not an independent contractor. The three requirements are: That the worker is free from control and direction of the hiring entity That the worker performs work that is outside of the core business of the hiring entity That the worker engages in “an independently…

Did Virginia Just Amend the Constitution?The commonwealth of Virginia this afternoon voted to amend the U.S. Constitution, becoming the 38th and final state needed to ratify the Equal Rights Amendment prohibiting discrimination on the basis of sex. Virginia’s action could be a momentous day in the nation’s history, heralding far-reaching changes in the law and capping a nearly century-long fight to enshrine women’s equality in the Constitution.Or it might mean nothing at all.Whether the Constitution has actually been amended for the 28th time—the first in more than a quarter century—is now officially in question and a matter for the courts to decide. Even before the two Democratic-led chambers of the Virginia legislature voted today, supporters and opponents of the ERA filed dueling federal lawsuits, launching a legal battle that could wind up in the Supreme Court.A deadline that Congress originally imposed (and later revised) for ratification of the amendment by…

Seeking a Cure for Domestic ViolenceThe photograph above shows Andrew Lisdahl and his fiancée, Theresa, at their home, along with Andrew’s daughter with his ex-wife (left) and one of Theresa’s daughters (right). Andrew Lisdahl was mad. His wife, Gretchen, had smoked a cigarette, a habit he detested. They fought, and Gretchen spent the night at a friend’s house. The next day, Andrew drank a bottle of tequila and hitched a ride to the stained-glass studio where Gretchen, an artist, gave lessons. When Andrew found her, he grabbed her left hand and tried to remove her wedding ring, but Gretchen fought him off. As Andrew stumbled away, he took Gretchen’s car keys and phone.After work, Gretchen’s father drove her back home to retrieve her things. Inside, Andrew had been passed out on the couch, but he woke up and yelled at Gretchen, “Get the fuck out!” When she didn’t, he grabbed…

Trump impeachment: Democrats set out case as Senate trial loomsRepublicans insist Trump did nothing illegal regarding Ukraine A Very Stable Genius review: at the court of King Donald Impeachment: is Trump set to survive and win a second term? Prosecutors in the impeachment trial of Donald Trump have declared that the president must be removed from office for ….. Read More.WORLDNEWS – International News | World News & EventsSun, January 19, 202023 hours ago