Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

In March 2020, New Jersey Governor Murphy responded to the spread of COVID-19; Executive Order 107 prohibited in-person gatherings and ordered New Jersey residents to “remain home or at their place of residence,” except for certain approved purposes, such as an “educational, political, or religious reason.” EO 107 excepted businesses deemed “essential,” including grocery and liquor stores, which could continue to welcome any number of persons (consistent with social distancing guidelines). Violations of EO 107 were subject to criminal prosecution for “disorderly conduct.” The order granted the Superintendent of the State Police, “discretion to make clarifications and issue [related] orders[.]” He exercised that power, declaring (Administrative Order 2020-4) that gatherings of 10 or fewer persons were presumptively permitted. Neither EO 107 nor AO 2020-4 contained an exception for religious worship gatherings or other First Amendment activity.Two New Jersey-based, Christian congregations, believing that the Bible requires them to gather for in-person worship services, violated the Orders and were cited. Less than a week after the filing of their complaint, challenging the Orders, Governor Murphy raised indoor gathering limits to 50 persons or 25 percent of room capacity (whichever was less), allowing outdoor religious gatherings without any gathering limits. The district court denied the congregations’ motion for a preliminary injunction. The Third Circuit dismissed an appeal as moot. View "Clark v. Governor of New Jersey" on Justia Law

New Jersey permits candidates running in primary elections to include beside their name a slogan of up to six words to help distinguish them from others on the ballot but requires that candidates obtain consent from individuals or incorporated associations before naming them in their slogans. Candidates challenged this requirement after their desired slogans were rejected for failure to obtain consent. They argued that ballot slogans are, in effect, part of the campaign and that the consent requirement should be subject to traditional First Amendment scrutiny.The district court disagreed, holding that, though the ballot slogans had an expressive function, the consent requirement regulates the mechanics of the electoral process. The court applied the Anderson-Burdick test. The Third Circuit affirmed. The line separating core political speech from the mechanics of the electoral process “has proven difficult to ascertain.“ The court surveyed the election laws to which the Supreme Court and appellate courts have applied the Anderson-Burdick test, as opposed to a traditional First Amendment analysis, and derived criteria to help distinguish which test is applicable. New Jersey’s consent requirement is subject to Anderson-Burdick’s balancing test; because New Jersey’s interests in ensuring election integrity and preventing voter confusion outweigh the minimal burden imposed on candidates’ speech, the requirement passes that test. View "Mazo v. New Jersey Secretary of State" on Justia Law

Gonzalez-Aquino, a citizen of the Dominican Republic and a lawful U.S. permanent resident, has been convicted of burglary, escape, theft, trespass, and more. His most recent convictions, theft and conspiracy to commit theft, were aggravated felonies. Gonzalez-Aquino sought to defer his removal under the Convention Against Torture, claiming that if he returned to the Dominican Republic, he would face threats. As a teenager, he got into a gambling dispute with a man who belonged to a well-known criminal gang. The man threatened to kill him, so he moved to the U.S.. In the U.S., Gonzalez-Aquino was arrested for murdering another Dominican. The charges were dropped, but the victim’s family threatened to kill him if he returned to the Dominican Republic.The IJ rejected his arguments, finding that he had not shown that he would likely be tortured or that the Dominican government would acquiesce to any torture. The proceedings were not ideal: the judge used legal jargon without explanations, said little about what evidence was needed, and asked few questions. The videoconference was malfunctioning; the judge could see Gonzalez-Aquino but he could not see her. The BIA dismissed an appeal. The Third Circuit denied a petition for review. Because he is removable for committing an aggravated felony, the court lacked jurisdiction to review the Board’s factual or discretionary decisions, 8 U.S.C. 1252(a)(2)(C). Gonzalez-Aquino did not allege violation of any fundamental rights and was not prejudiced by procedural errors. View "Gonzalez Aquino v. Attorney General United States" on Justia Law

In 1995, Range pleaded guilty to making false statements about his income to obtain $2,458 of food stamp assistance in violation of Pennsylvania law, a conviction that was classified as a misdemeanor punishable by up to five years’ imprisonment. Range was sentenced to three years’ probation, plus restitution, costs, and fines. Three years later, Range attempted to purchase a firearm but was rejected by the instant background check system. Range’s wife subsequently bought him a deer-hunting rifle. Years, later Range learned that he was barred from purchasing and possessing firearms because of his welfare fraud conviction. He sold his rifle to a firearms dealer and sought a declaratory judgment that 18 U.S.C. 922(g) violated the Second Amendment as applied to him. The section prohibits firearm ownership by any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year—the federal definition of a felony.The district court rejected the suit, holding that the Second Amendment does not protect “unvirtuous citizens.” The Third Circuit affirmed. Based on history and tradition, “the people” constitutionally entitled to bear arms are “law-abiding, responsible citizens,” a category that properly excludes those who have demonstrated disregard for the rule of law through the commission of felony and felony-equivalent offenses, whether or not those crimes are violent. Even if Range fell within “the people,” the government demonstrated that its prohibition is consistent with historical tradition. View "Range v. Attorney General United States" on Justia Law

After completing a minimum sentence, Pennsylvania inmates are eligible to serve the rest of their sentence on parole. The decision to grant parole is discretionary. Most parolees first rely on halfway houses. Public houses have only 700 spaces, and private contract facilities have 2,100 spaces statewide but each year, about 9,000 Pennsylvania inmates are released on parole. The State Police must notify each resident, school district, day-care center, and college about nearby registered violent sex offenders, making it difficult to place sex offenders into community halfway houses because of community backlash. Sex offenders also tend to linger in halfway houses longer than other parolees because of the difficulties in finding alternate housing. The Department of Corrections considers 13 factors before placing a parolee in a halfway house, including community sensitivity to a criminal offense or specific criminal incident.In a class action challenge, the district court held that paroled sex offenders are similarly situated to other paroled offenders and that there could be no rational basis to delay their placement into halfway houses because of “community sensitivity.” The Third Circuit reversed. A discretionary grant of parole cannot erase the differences between sex crimes and other crimes. DOC’s halfway house policy considering “community sensitivity,” among many other factors, is rationally related to legitimate government interests. View "Stradford v. Secretary Pennsylvania Department of Corrections" on Justia Law

The Adorers, an order of nuns whose religious beliefs require them “to protect and preserve Earth,” own property in Pennsylvania. When Transco notified them that it was designing a 42-inch diameter interstate gas pipeline to cross their property, the Adorers explained that they would not sell a right-of-way through their property. Transco sought a certificate of public convenience and necessity. The Federal Energy Regulatory Commission (FERC) published notices and hosted open meetings to discuss the pipeline. The Adorers neither provided comments nor attended meetings. When FERC contacted the Adorers directly, they remained silent. Transco altered the pipeline’s route 132 times in response to public comment. FERC issued the requested certificate, which authorized Transco to use eminent domain to take rights-of-way 15 U.S.C. 717f(c)(1)(A). Transco sought an order of condemnation to take rights-of-way in the Adorers’ property. The Adorers failed to respond to the complaint.Days after the district court granted Transco default judgment, the Adorers sought an injunction under the Religious Freedom and Restoration Act (RFRA) 42 U.S.C. 2000bb-1(c). The Third Circuit rejected the Adorers’ contention that RFRA permitted them to assert their claim in federal court rather than before FERC. After the pipeline was put into service, the Adorers sought damages under RFRA. The Third Circuit affirmed the dismissal of the suit. To permit a party to reserve a claim, the success of which would imperil a FERC decision to certify an interstate pipeline, by remaining silent during the FERC proceedings and raising the claim in separate litigation would contravene the Natural Gas Act’s exclusive review framework. View "Adorers of the Blood of Christ United States Province v. Transcontinental Gas Pipe Line Co., LLC" on Justia Law

Langley was arrested in connection with a Newark drug trafficking operation. Langley agreed to plead guilty to conspiring to distribute and possess with the intent to distribute 28 grams or more of crack-cocaine, 21 U.S.C. 846, which carries a mandatory five-year minimum sentence, agreeing that he would not argue for a sentence below five years’ imprisonment and that he would enter into an appellate waiver, applicable to any challenges to a sentence of five years or below. During his plea hearing, the district court engaged in a thorough colloquy and ensured that Langley had discussed his plea agreement with his counsel and that he understood the appellate waiver. The court considered his arguments concerning the pandemic, the effect of the crack/powder cocaine disparity on the Guidelines calculation, and the age of his criminal convictions. The court determined that the applicable guideline range was 110-137 months and sentenced Langley to 60 months’ imprisonment.In lieu of filing an appellate brief, Langley’s counsel moved to withdraw, asserting in his Anders brief that he identified “no issue of even arguable merit.” Langley submitted a pro se brief, arguing for a further sentencing reduction. The Third Circuit dismissed. Langley’s court-appointed counsel filed an Anders brief that, on its face, met the standard for a “conscientious investigation" of possible grounds for appeal. Counsel is not required to anticipate or address all possible arguments. There are no non-frivolous issues for Langley to raise on appeal. View "United States v. Langley" on Justia Law

Angle served as the exclusive U.S. distribution agent for Jiangsu, a Chinese manufacturer..Jiangsu claims that, as of June 2018, Angle owed it $1.3 million. Under a June 2018 memorandum of understanding, Angle agreed to pay Jiangsu $528,227.59 within six months. The MOU did not contain an arbitration clause. In July, Jiangsu sent Angle a revised agreement, under which the parties agreed to submit any dispute to the China International Economic and Trade Arbitration Commission (CIETAC) with a revised payment schedule. Angle never signed the July MOU. The parties agreed to a payment schedule, without reference to either MOU. Jiangsu repeatedly asked Angle to forward the “signed agreement.” Angle did not make all of the agreed payments. Jiangsu initiated arbitration. Angle objected to CIETAC’s jurisdiction. The Chinese Court found that the July MOU and its arbitration clause were enforceable. The CIETAC arbitration panel independently determined that the July MOU was enforceable under the U.N. Convention on the International Sale of Goods and Chinese law and ordered Angle to pay $624,227.59.Jiangsu sought to enforce its award in the United States under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Third Circuit vacated the dismissal of Jiangsu’s confirmation petition. While the district court was not bound by the decisions of Chinese tribunals and Angle did not waive its right to contest enforcement, the district court should make an independent determination as to arbitrability. View "Jiangsu Beier Decoration Materials Co., Ltd. v. Angle World LLC" on Justia Law

From 1986-1991, Weiss did not pay federal income taxes. In 1994, Weiss late-filed returns for those years, self-reporting a $299,202 liability. The IRS made tax assessments against him, triggering a 10-year limitations period for collecting unpaid taxes through a court proceeding or a levy. Weiss’s subsequent bankruptcies tolled that limitations period three times: In July 2009, the IRS began the process of a levy. It mailed a Final Notice to Weiss in February 2009, informing Weiss that it intended to levy his unpaid taxes and that he could request a Collection Due Process hearing. The notice was not sufficient to make a levy, so the limitations period continued to run. Weiss timely requested a Collection Due Process hearing, which suspended the statute of limitations for the period during which the hearing “and appeals therein” were “pending,” 26 U.S.C. 6330(e)(1); no less than 129 days remained in the limitations period. Weiss did not prevail at the hearing or in any of his review-as-of-right federal court challenges. As a last resort, Weiss filed a petition for certiorari with the Supreme Court in October 2018. On December 3, 2018, the Court denied that petition. Instead of proceeding to levy Weiss’s property, the government initiated an action in the district court on February 5, 2019.The Third Circuit found the action timely. Petitions for writs of certiorari are “appeals therein.” An appeal remains “pending” until the time to file such a petition expires. View "United States v. Weiss" on Justia Law

Liquid Labs manufactures and sells e-liquids that generally contain nicotine and flavoring for use in e-cigarettes. The e-liquids qualify as “new tobacco product[s]” under the Family Smoking Prevention and Tobacco Control Act, 21 U.S.C. 387-387u, and may not be introduced into interstate commerce without the FDA’s authorization. The FDA must deny a premarket tobacco product application (PMTA) if the applicant fails to “show[] that permitting such tobacco product to be marketed would be appropriate for the protection of public health,” as determined with respect to the risks and benefits to the population as a whole, including users and non-users of the tobacco product.” FDA Guidelines have highlighted that flavored e-liquids’ had a “disproportionate appeal to children.”Liquid Labs submitted PMTAs covering 20 e-liquid products and submitted a marketing plan setting forth plans to discourage youths from using its products. The FDA denied the PMTAs, concluding that Liquid Labs had not shown that the benefits of the products sufficiently outweighed the risks they posed to youths. The documents indicated that evidence could have been provided through “randomized controlled trial[s] and/or longitudinal cohort stud[ies],” or other evidence that reliably and robustly evaluated the impact of the new flavored vs. tobacco-flavored products on adult smokers’ switching or cigarette reduction over time.” The Third Circuit denied a petition for review. The FDA’s order was within its statutory authorities and the Administrative Procedure Act. View "Liquid Labs LLC v. United States Food and Drug Administration" on Justia Law