The “When” of Chevron: The Missed Opportunity of County of Maui

SAMUEL ESTREICHER, DANIEL FOLSOM

NYU law professor Samuel Estreicher and rising 3L Daniel Folsom comment on the U.S. Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, in which the Court interpreted a provision of the Clean Water. Estreicher and Folsom argue that the case presented an opportunity to clarify the murky question of when the Chevron doctrine applies, yet the Court avoided answering that question.

Read More

The Unnecessary Protection of Qualified Immunity

JOANNA C. SCHWARTZ, SETH STOUGHTON

UCLA law professor Joanna C. Schwartz and South Carolina law professor Seth W. Stoughton address some of the arguments commonly asserted to support qualified immunity, the doctrine that shields police officers from civil liability for constitutional violations. Schwartz and Stoughton argue that eliminating qualified immunity should not affect police decision-making and that existing Supreme Court doctrine gives police officers plenty of leeway to make mistakes without violating the Constitution. Because qualified immunity applies only to unreasonable actions by police officers, eliminating or substantially restricting it should not a chilling effect on police officers’ ability or willingness to respond to critical incidents.

Read More

League of Women Voters v. Newby

Docket: 19-7027

Opinion Date: June 26, 2020

Judge: David S. Tatel

Areas of Law: Civil Procedure

In the underlying lawsuit, voting rights organizations alleged that the new Executive Director, Brian Newby, acted outside the scope of his authority by changing the Commission's policy on documentary proof of citizenship requirements. Eagle Forum subsequently moved, under Federal Rule of Civil Procedure 24(b), to permissively intervene for the limited purpose of gaining access to the sealed briefs and exhibits containing materials related to Commissioner Christy McCormick's testimony. Two years later, the district court denied Eagle Forum's motion in a Minute Order. The DC Circuit first held that the district court's order qualifies as an appealable collateral order. Under MetLife, Inc. v. Financial Stability Oversight Council, 865 F.3d 661 (D.C. Cir. 2017), the court held that Eagle Forum may intervene for the limited purpose of seeking to unseal references to the McCormick deposition. In so ruling, the court emphasized that this does not mean that those materials must be unsealed. Under the court's decision in United States v. Hubbard, 650 F.2d 293 (D.C. Cir. 1980), the district court will still need to determine whether countervailing interests, including the government's privilege claims, justify continued sealing.

United States v. Lieu

Docket: 19-3026

Opinion Date: June 26, 2020

Judge: Katsas

Areas of Law: Criminal Law

Defendant was convicted of distributing child pornography and traveling across state lines to engage in sexual conduct with a nine-year-old girl. The DC Circuit held that a defendant violates 18 U.S.C. 2423(b) by traveling in interstate commerce with the intent to engage in illicit sexual conduct with a child, even if the defendant is mistaken in believing that an actual child is involved. Therefore, the district court properly denied defendant's motion to dismiss the charged travel offense. The court also held that the district court permissibly admitted evidence that defendant had molested his own stepdaughter several years earlier, when she was between six and eight years old.