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Substantive due process has been used by the Supreme Court to limit punitive damages, but I learned today that Ohio courts permit substantive due process challenges to statutory *caps* on damages. I guess the doctrine is malleable enough that it can set both a floor and ceiling.

Longstanding regulations enable asylum applicants to work. Various administrations have abused this by indefinitely delaying the resolution of weak applications so the applicant can keep their work permit. This man's unsuccessful asylum claim has been on hold for 13 years.

Intel's SEC filing suggests existing shareholders may have standing to challenge the government's acquisition of 10% of the company. I wonder if anyone will sue.

This case could offer the Supreme Court an opportunity to abandon the Anderson-Burdick balancing test and subject most voting laws to rational basis review. Keep an eye out for an en banc or cert petition.

New: U.S. District Judge Mitchell Goldberg, an appointee of President George W. Bush who until recently was the chief judge for the Eastern District of Pennsylvania, plans to retire Sept. 19, creating a new judicial vacancy. uscourts.gov/data-news/judi…

A new cert petition asks the Supreme Court to overrule its 2015 decision permitting disparate impact claims under the Fair Housing Act. It mentions the April disparate impact executive order. Case is 25-229, Emigrant Mortgage Company v. Saint-Jean.

Judge Steven Merryday of the Middle District of Florida is taking senior status today. The 11th Circuit's district courts now have 10 vacancies.

Judge Eric Melgren of the District of Kansas is taking senior status today. The 10th Circuit's district courts now have 4 vacancies.

The Biden DOJ blew this up in the Remain in Mexico case by arguing it is untenable to require the government to actually adhere to the INA's mandatory detention requirement. Nice of CAP to decide the Biden administration's position from only *three years ago* was wrong.

If the court wants to further delay resolution of the birthright citizenship issue, it could adopt the Bumatay dissent in the Ninth Circuit case and say the states lack standing to sue, while denying cert before judgment in the New Hampshire case.

I would have more respect for this judge if he acknowledged how difficult this issue is. Instead he ignores existing Supreme Court precedent, including its affirmance of Bluman v. FEC, which upheld federal law barring nonresident aliens from donating to political campaigns.

Judge Jane Boyle of the Northern District of Texas is taking senior status today. The 5th Circuit's district courts now have 16 vacancies.

Chief Judge Diane Sykes of the Seventh Circuit is taking senior status today. There are now three federal court of appeals vacancies across the country.

This is not the first case of a district judge imposing a lighter sentence because the defendant purportedly identified as transgender. (from United States v. Thompson, No. 22-30179 (9th Cir.)