Tag Archives: Fourth Circuit

Fourth Circuit Joins Sixth Circuit In Applying Strict Scrutiny To Gun Restriction

We’ve previously reported on the Tyler case, in which the Sixth Circuit became the first circuit to apply strict scrutiny to a firearms restriction (and to hold it unconstitutional as applied to the plaintiff).  Tyler was then vacated for rehearing en banc, and has already been argued before the Sixth Circuit en banc. With the Sixth Circuit … Continue Reading

Justice Thomas, The Fourth Circuit, And Circuit Courts Acting Like Certiorari Courts

The issue of unpublished opinions has received extra attention this past week thanks to a dissent to a denial of certiorari by Justice Thomas.  His opinion criticizes the Fourth Circuit for using an unpublished opinion to allow itself to decide important cases without create binding law.  Though much of the media censure of the Fourth … Continue Reading
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