Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa

Des Moines, IA
Joined June 2009
Feel free to bring a knife to a gunfight. At least in the Fifth Circuit. Chief Judge Elrod holds that switchblades are arms under the Second Amendment and thus that part of the Federal Switchblade Act is unconstitutional. Fascinating opinion.
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Chief Judge Elrod is joined by Judges Willett and Wilson. Read the full opinion here: ca5.uscourts.gov/opinions/pu…
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"It’s unquestionably tragic that this hostage situation resulted in the hostage’s death. But it’s the kidnappers who should be punished—not the FBI agents who attempted to rescue the hostage in good faith." Judge Ho with a powerful dissent in a case w/ a hostage gone awry
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The majority is by Judge Stewart, joined by Judge Higginson, affirming the liability for FBI agents who tried and failed to rescue a hostage during an unsuccessful rescue operation. They reverse and remand on the amount of damages/fees.
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Tragic case, read the opinions here: ca5.uscourts.gov/opinions/pu…
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Very interesting post about an under-the-radar opinion issued by the Board of Immigration Appeals. The felonious alien in question can petition for review of that decision, but often the decisions play a role in shaping US immigration policy. Worth a read!
🚨🚨🚨🚨 Is an illegal alien who gets convicted of an "aggravated felony" barred from admission to the USA? Yes, according to the newest BIA ruling. An Immigration Ruling With Teeth—If It Holds Up dailysignal.com/2026/10/21/a…
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Must the federal government continue to provide experimental sex change treatments for prisoners? Yes, for now. The Supreme Court declines to stay a decision requiring that such treatments continue. Justices Thomas and Alito would have stayed that decision.
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Not surprising, given that the application had been pending fully briefed since October 9. There's also an important jurisdictional PLRA issue implicated. Read the order here: supremecourt.gov/orders/cour…
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During a child pornography criminal trial, the attempted recipient of the child porn was referred to by both parties and the court as "contraband." He raises several challenges, including contending that referral was prejudicial. No plain error, per highly respected Judge Benton
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Is placing a bunch of images that included suspected child sex abuse material, images of interest, and screenshots of search results in a red "contraband" binder prejudicial? Highly respected Judge Erickson believes yes, so he dissents.
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Read the full opinions here: ecf.ca8.uscourts.gov/opndir/…
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Professor @Aaron_L_Nielson, former Texas Solicitor General, has a fascinating article up at @CivitasOutlook. Highlighted here is the fourth part, focusing on the excellent job @KenPaxtonTX has done as Attorney General. Worth reading, especially for Texas voters.
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Two drug dealers sold millions of fake Xanax pills on the dark web. A host of sentencing challenges were raised. All rejected, per Judge Readler. Including one conspirator's try to use her immigrant status as a defense. Avoiding special treatment for noncitizen drug dealers is OK
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Pretty wild attempt to avoid taking responsibility for selling millions of dollars of fake drugs. Especially given that she already got a *below* recommended sentence. Readler aptly dispatches with her argument that her status entitles her to a lighter sentence
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A prisoner developed a spinal infection that led to his paralysis. The facility did not send him to the hospital and prescribed pain meds rather than other care. Constitutional claim? Perhaps deliberate indifference, per Judge Stranch. Remanded for further proceedings.
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Judge Bush dissents. He explains that deliberate indifference requires the doctor to have known facts that would have alerted him to the substantial risk of harm. But the Doctor didn't. And he had ordered an MRI. Bush contends the majority went too far. He would affirm.
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Read the unpublished opinion (the Sixth Circuit seems to have more unpublished opinions with separate writings than other courts I follow), here: govinfo.gov/content/pkg/USCO…
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What an amazing privilege to live in the greatest and most beautiful country on earth. Even if this 64th National Park doesn't quite match the beautiful vistas of our nation's most naturally beautiful state: Iowa
America’s newest national park is rock solid! Chiricahua is officially our 64th national park. Welcome to the "Wonderland of Rocks."
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