Latest 2 Cases: Edwards v. McMillen Capital, LLC (Civil Procedure), New York v. United States Department of Justice (Constitutional Law)

A Tale of Two Victims Trying to Stay Above Water While Pursuing Justice: Corey Feldman and Patty Fortney (And Her Sisters)

MARCI A. HAMILTON

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.

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Searching for Even Slim Reeds of Optimism That This is Not the End of the Rule of Law in America

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan offers two possible reasons for cautious optimism that the rule of law survives under President Trump: (1) Trump continues to lie, and (2) even the most potentially unreliable Democrats have not (yet?) decided to stop opposing him.

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Edwards v. McMillen Capital, LLC

Docket: 18-3170

Opinion Date: February 26, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Second Circuit held that plaintiff did not "lose" in state court such that his federal complaint was an appeal from an adverse state-court judgment, and thus the Rooker-Feldman doctrine did not apply. Plaintiff had filed suit against McMillen in Connecticut state court, filed two amended complaints, and then two substitute complaints. After the state court dismissed the second amended complaint and the first substitute complaint for failure to state a claim or as barred by the applicable statutes of limitations, it later dismissed the case for failure to prosecute. Plaintiff then filed this instant action in federal district court based on substantially the same facts as pleaded in the state proceedings and asserting the same claims as those in the second substitute complaint that was dismissed for failure to prosecute. Because the district court's decision was solely grounded in the Rooker-Feldman doctrine, the court vacated and remanded for further proceedings.

New York v. United States Department of Justice

Docket: 19-267

Opinion Date: February 26, 2020

Judge: Reena Raggi

Areas of Law: Constitutional Law, Government & Administrative Law, Immigration Law

The Attorney General was statutorily authorized to impose all three challenged immigration-related conditions on Byrne Criminal Justice Assistance grant applications. The conditions require grant applicants to certify that they will (1) comply with federal law prohibiting any restrictions on the communication of citizenship and alien status information with federal immigration authorities; (2) provide federal authorities, upon request, with the release dates of incarcerated illegal aliens; and (3) afford federal immigration officers access to incarcerated illegal aliens. The Second Circuit held that the Certification Condition (1) is statutorily authorized by 34 U.S.C. 10153(a)(5)(D)'s requirement that applicants comply with "all other applicable Federal laws," and (2) does not violate the Tenth Amendment's anticommandeering principle; the Notice Condition is statutorily authorized by section 10153(a)(4)'s reporting requirement, section 10153(a)(5)(C)'s coordination requirement, and section 10155's rule‐making authority; and the Access Condition is statutorily authorized by section 10153(a)(5)(C)'s coordination requirement, and section 10155's rule‐making authority. The court also held that the Attorney General did not overlook important detrimental effects of the challenged conditions so as to make their imposition arbitrary and capricious. Accordingly, the court reversed the district court's award of partial summary judgment to plaintiffs; vacated the district court's mandate ordering defendants to release withheld 2017 Byrne funds, as well as its injunction barring defendants from imposing the three challenged immigration‐related conditions on such grants; and remanded for further proceedings.