Swear on the Stand

Texas App Store Accountability Act Stay Order

This Fifth Circuit Court of Appeals case details a legal decision to grant a stay pending appeal, allowing Texas to enforce the App Store Accountability Act (SB2420). The court suggests that the legislation, which mandates age verification and parental consent for app downloads, likely regulates commercial speech rather than protected expression. By applying intermediate scrutiny, the judges determined that Texas has a substantial interest in protecting minor privacy and digital safety. The order criticizes the lower court for issuing a universal injunction, arguing that the law's provisions are likely not unconstitutionally vague or overly broad. Consequently, the state may implement these child safety regulations while the full legal challenge proceeds through the court system.

United States v. Duran-Gonzalez: Collateral Attacks and Interpreter Rights

This episode details a Fifth Circuit Court of Appeals decision regarding Heraclio Duran-Gonzalez, who challenged his status as a career offender during sentencing. The defendant argued that his prior drug convictions were unconstitutional because the courts failed to provide a translator for his native language, Tarahumara. However, the appellate court determined that his claim constituted an impermissible collateral attack on previous judgments. Citing Supreme Court precedent, the judges ruled that such challenges are only allowed if a defendant was completely denied legal counsel. Because the lack of an interpreter does not equate to an absence of representation, the court affirmed the original 151-month prison sentence.

The Second Amendment and the Disarmament of Dangerous Felons

This case from the Fifth Circuit Court of Appeals addresses whether a convicted drug trafficker can be constitutionally barred from possessing a firearm within his own home. The defendant, Curtis Squire, argued that the Second Amendment and the "castle doctrine" protect a person’s right to keep arms for self-defense in their residence regardless of their criminal status. However, the court utilized the historical tradition framework established by the Supreme Court to determine that the government may disarm individuals deemed dangerous. By comparing drug trafficking to historical precedents involving the disarmament of political dissidents and other groups perceived as threats to public safety, the court found the restriction justified. Consequently, the court affirmed Squire’s conviction, ruling that the government’s power to disarm dangerous felons extends even into the private home.

Von Derhaar v. Watson: Unlawful Seizure and Qualified Immunity

This case from the United States Court of Appeals for the Fifth Circuit outlines a lawsuit involving a civilian police employee and a high-ranking official. The plaintiff, Karl Von Derhaar, alleged that his Fourth Amendment rights were violated when he was forced from his home to undergo a drug test under the orders of Lt. Darryl Watson. The court focused on the doctrine of qualified immunity, which typically protects government officials unless they violate clearly established laws. Ultimately, the judges affirmed the denial of qualified immunity for Watson, ruling that ordering a citizen's seizure without a warrant or emergency was objectively unreasonable. This decision allows the unlawful seizure claim to proceed toward a trial to determine the final merits of the case.

Herbert v. St. James Parish School Board

This episode details a Fifth Circuit decision affirming the dismissal of a lawsuit involving the St. James Parish School Board. The case arose after a student was disenrolled from a school when officials discovered the family did not live within the parish’s geographical boundaries. The student's mother alleged that this action violated the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). However, the court determined that residency is a fundamental eligibility requirement for receiving educational services from a local school board. Consequently, the court found that the school district was not responsible for providing a Free Appropriate Public Education (FAPE) to a non-resident student. Ultimately, the judges upheld the lower court's ruling, denying requests for stay-put orders and compensatory education.