Friday, October 30, 2020

Pre-Election Thoughts - Happy Halloween

As we barrel forward to November 3, take note of these canaries-in-the-coal mine decisional authority reflecting recent (e.g. within the past four years) judicial appointments, and then think again about the impact of your vote. Within the past week, the 11th Circuit, in an en banc ruling, reversed a standing finding in a FACTA case, finding the risk of injury too remote. Also, the 5th Circuit just held that the TCPA is unconstitutional. As we move to a more politicized (rather than an unbiased) judiciary, your vote counts more than ever.