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CHAMBER OF COMMERCE OF THE UNITED STATES;
BUSINESS ROUNDTABLE; TENNESSEE CHAMBER OF
COMMERCE AND INDUSTRY,
Plaintiffs-Appellants,
v.
SECURITIES AND EXCHANGE COMMISSION; GARY
GENSLER, in his official capacity as Chairman of the
Securities and Exchange Commission,
Defendants-Appellees. |
No. 23-5409 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:22-cv-00561—Aleta Arthur Trauger, District Judge.
Argued: October 26, 2023
Decided and Filed: September 10, 2024
Before: GIBBONS, BUSH, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. The United States Chamber of Commerce,
Business Roundtable, and the Tennessee Chamber of Commerce and Industry sued the Securities
and Exchange Commission and its Chairman, alleging that the Commission’s partial rescission
of a prior regulation failed to meet the procedural and substantive demands of the Administrative
Procedure Act. The district court granted summary judgment to the Commission, and we affirm. |
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NAYANABEN PATEL,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent. |
No. 23-3461 |
On Petition for Review from the Board of Immigration Appeals.
No. A 089 213 082.
Argued: January 30, 2024
Decided and Filed: September 10, 2024
Before: SILER, MATHIS, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
SILER, Circuit Judge. Petitioner Nayanaben Patel1 entered the United States in March
2000. But exactly when, where, how, and with whom was never conclusively established. She
applied for adjustment of status based on her husband’s legal status in the United States but lied
about her manner of entry in doing so. She admitted to lying in a statement to U.S. Citizenship
and Immigration Services (“USCIS”), but then testified in 2019 in a manner that called into
question elements of that statement as well. Citing this factual confusion, the Immigration Judge
(“IJ”) denied her application for adjustment of status and ordered her removed to India. The
Board of Immigration Appeals (“BIA”) affirmed. Because the IJ’s determination was
discretionary and protected by statute from judicial review, and because Petitioner has not raised
colorable constitutional claims reviewable by this court, we deny the petition for review. |
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ALLAN M.JOSEPHSON,
Plaintiff-Appellee,
v.
TONI M. GANZEL, Interim Executive Dean of Health Affairs
and Dean of the School of Medicine at the University of
Louisville, in her official and individual capacities; KIMBERLY
A. BOLAND, Interim Chair of the Department of Pediatrics at
the University of Louisville, in her official and individual
capacities; CHARLES R. WOODS, former Chair of the
Department of Pediatrics at the University of Louisville, in his
individual capacity; JENNIFER F. LE, former Interim Division
Co-Chief of the Division of Child and Adolescent Psychiatry
and Psychology and current Chief of the Division of Child and
Adolescent Psychiatry and Psychology at the University of
Louisville, in her official and individual capacities; BRYAN D.
CARTER, former Interim Division Co-Chief of the Division of
Child and Adolescent Psychiatry and Psychology and Chief of
the Division of Psychology at the University of Louisville, in
his official and individual capacities; WILLIAM D. LOHR,
former Interim Division Co-Chief of the Division of Child and
Adolescent Psychiatry and Psychology at the University of
Louisville, in his official and individual capacities,
Defendants-Appellants. |
No. 23-5293 |
Appeal from the United States District Court for the Western District of Kentucky at Louisville.
No. 3:19-cv-00230—Rebecca Grady Jennings, District Judge.
Argued: July 23, 2024
Decided and Filed: September 10, 2024
Before: GILMAN, GRIFFIN, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
MATHIS, Circuit Judge. The First Amendment protects popular and unpopular speech
alike. Allan Josephson worked as a professor of psychiatry at a public university’s medical
school. After developing an interest in the medical treatment of childhood gender dysphoria, he
began publicly discussing his views on that topic. In October 2017, he expressed his thoughts on
treating childhood gender dysphoria during a panel discussion sponsored by a conservative think
tank. His commentary was unpopular with his coworkers and supervisors. Josephson believes
that his superiors retaliated against him for the views he expressed during the panel discussion,
ultimately culminating in the nonrenewal of his contract with the university after more than
fifteen years of employment. So he sued the individuals that he says violated the First
Amendment by retaliating against him.
The defendants argue that they are entitled to Eleventh Amendment immunity and
qualified immunity. The district court disagreed, and so do we. For the reasons explained
below, we affirm. |
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