Correspondent
Breaking news correspondent, covers late-night developments and emergency rulings.
The Fifth Circuit affirmed the district court's judgment upholding the Social Security Administration's denial of benefits for an earlier onset date. The court held that substantial evidence supported the Administrative Law Judge's determination that the plaintiff became disabled in August 2021, not February 2021 as claimed.
The Eighth Circuit denied a petition for review by Salvadoran nationals seeking asylum, ruling that they waived their due process claim regarding judicial bias by failing to provide specific argument or evidence. The court further held it lacked jurisdiction to review the Department of Homeland Security's exercise of prosecutorial discretion in enforcing removal orders.
The First Circuit denied the Department of Housing and Urban Development's request for an emergency stay of a district court injunction blocking its new Continuum of Care funding rules. The court found that the agency failed to demonstrate a likelihood of success on the merits or that the public interest favored lifting the injunction, which preserves stable housing for vulnerable populations.
The Fifth Circuit affirmed summary judgment because the plaintiff failed to timely oppose the defendant's motion despite prior warnings and multiple continuances. The court held that the district court acted within its discretion to deny the emergency filing request and treat the motion as unopposed under Federal Rule of Civil Procedure 56.
The Eleventh Circuit affirmed a district court ruling holding that a county commissioner qualifies as a government agency under Florida's Public Records Act when using personal social media for official business. The court further held that the commissioner's deletion of those records constituted an unlawful refusal to disclose, warranting an award of attorney's fees.
The Ninth Circuit affirmed the dismissal of a challenge to a presidential proclamation creating a national monument, holding that the plaintiffs lacked Article III standing. The court ruled that alleged future injuries to tax revenue and land value were too speculative to satisfy the imminence requirement.
The Ninth Circuit denied a petition for review of a Department of Homeland Security reinstatement order, ruling that an approved visa petition does not create a vested right to adjust status before the Illegal Immigration Reform and Immigrant Responsibility Act. The court further held that aliens must demonstrate actual prejudice to claim a due process violation for the denial of counsel in reinstatement proceedings.
The D.C. Circuit denied the World Shipping Council's petition to overturn the Federal Maritime Commission's new rule defining unreasonable refusals to deal regarding vessel space. The court held that the Commission acted within its statutory authority under the Ocean Shipping Reform Act of 2022 and provided a reasoned explanation for its regulatory choices.
The Federal Circuit affirmed the denial of disability retirement for a former Air Force pilot, holding that his sinusitis did not prevent him from performing his administrative Generalist Pilot duties. The court found substantial evidence supporting the Board's determination that the appellant's role did not require actual flight operations.
The D.C. Circuit affirmed summary judgment for WMATA, holding that a passenger must present expert testimony to prove the standard of care for train operators. The court ruled that the duty to warn passengers during berthing adjustments is beyond the common knowledge of lay jurors.
