U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

March 2017 Archives

In determining the constitutionality of President Trump's travel ban executive order, courts shouldn't look back to Trump's statements as a candidate, the Department of Justice says. District courts in Maryland and Hawaii blocked Trump's newest travel ban two weeks ago, finding it to be likely unconstitutional. Both judges relied significantly on the president's public statements when doing so.

In a brief filed with the Fourth Circuit last Friday, the DOJ argues that the travel ban does not discriminate on the basis of religion, despite Trump's calls for a "Muslim ban" during his presidential campaign. Considering such statements would be impermissible "second-guessing" of the president's stated purpose, the brief argues.

Game of War is one of the most popular, most addicting games this side of Farmville. A "freemium" mobile game, Game of War allows you to build a pixilated empire, constructing cities, building armies, raiding neighbors.

But it was also an unlawful "gaming device," according to one putative class action. The game allows users to spin a virtual wheel for virtual prizes in a virtual casino. That feature, the suit alleged, violated Maryland gambling laws. But the suit was recently tossed by the Fourth Circuit, which found that the plaintiff hadn't lost money playing the game, and thus had nothing to recover.

Probationer Waived Psychotherapist-Patient Privilege in Sex Offender Treatment

A federal appeals court ruled that a Virginia man waived the psychotherapist-patient privilege in a sex offender treatment program when he agreed to probation.

The U.S. Fourth Circuit Court of Appeals also said the defendant voluntarily made statements in the program that waived his privilege against self-incrimination in the case, United States of America v. Lara. The appeals court affirmed rulings by a trial judge, who concluded Juan Elias Lara waived his privileges when he chose to participate in the program as part of his probation.

"Based on the record before us, we conclude that Lara knowingly agreed to disclosure of his treatment records when he signed the form in the state court proceedings acknowledging the terms of his supervised probation," Judge Barbara Milano Keenan wrote for the unanimous panel.

The Supreme Court this morning vacated and remanded a Fourth Circuit ruling in favor of Gavin Grimm, a transgender Virginia student who had sought to use the boy's room at his high school. The Fourth ruled last April that courts must defer to Department of Education guidance on the issue, guidance that interpreted Title IX as requiring transgender students to be treated in accordance to their gender identity, even when it came to bathrooms.

But the Trump administration has since rescinded that guidance, leading the Supreme Court to toss the Fourth's ruling and send the issue back to the lower courts.