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Top 10 Blog Posts From the 10th Cir. in 2014

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By William Peacock, Esq. on December 31, 2014 5:58 AM

Ask 99 percent of America what the Tenth Circuit is and they will either stare at you blankly or mumble some guess about science fiction. But despite its "flyover" circuit status, the Tenth Circuit has been big this year.

First to address gay marriage? Yep. Citizens United II? Uh-huh.

Here are the 10 most popular Tenth Circuit blog posts for 2014:

10. 10th Cir. Refuses to Go Further than NLRB in Teamsters Lock-Out Claim

Anyone remember that big case (Noel Canning) where the Supreme Court held that President Obama's recess appointments to the National Labor Relations Board were unconstitutional and invalid? One of the biggest questions from that major decision was what would happen to all of those decisions reached by the NLRB while an unconstitutionally appointed member was on the board. That was one of the questions the Tenth Circuit faced in this case.

9. SCOTUS Issues SSM Stay in Kan.: Weirder Than Flying Monkeys in Oz

The title was facetious but seriously, the stay was weird: After SCOTUS denied cert. in the first bundle of same-sex marriage cases, and denied stays in multiple gay marriage appeals after declining to take up the issue, they granted a (temporary) stay in the Kansas case.

8. Colo. Prison Nurse Can't Ignore Inmate With Severe Pain

A prisoner has severe pain. Do you (a) ignore it and send him back to his cell, (b) try that whole treating the patient and diagnosing the source of his pain, or (c) watch "Wheel of Fortune"?

7. Kan. Sup. Ct. to Hear Gay Marriage on Thurs. for No Reason at All

The Tenth Circuit published controlling precedent on all district courts in the circuit on the issue of gay marriage. But of course, federal precedent has little effect on state courts. The Kansas Supreme Court had gay marriage on the docket despite the federal precedent until...

6. Lesson From U.S. v. Henderson: Don't Give Up, Poll the Jury

*Poll the jury if you lose. Why? Read the post.

5. Utah and Oklahoma Get Same Judges for Gay Marriage Appeals

In a post that has little relevance now, we noted that the two cases had the same judge. Fast-forward a few month later, and now, the cases are decided: At least in the Tenth Circuit, gay marriage is legal.

4. Murder for Hire, a Fake Lawyer, and the Double Jeopardy Question

Divorce is for weaklings. How about murder for hire? And if that wasn't enough of an unusual case, she hired a lawyer who wasn't a lawyer at all to defend her.

3. The 'Parade of Horribles' That Will Follow the Hobby Lobby Decision

After Hobby Lobby (an appeal out of the Tenth Circuit) was decided by SCOTUS, we evaluated the likelihood of Justice Ruth Bader Ginsburg's predictions of doom and gloom that would result from the majority's extension of religious rights to corporations.

2. 10th Circuit Expedites Review of Utah's Same-Sex Marriage Ban

Same judge? We mentioned that already. The case also got the fast-track treatment because of the importance of the issue.

1. Citizens United Can Keep Film Donors Secret, for Now: 10th Cir.

Many have referred to McCutcheon as "Citizens United II" because of the shared issue of campaign finance. This actually was Citizens United II because, well, the group Citizens United was involved. Why? They wanted to keep a list of donors that funded their peudo-film, pseudo-campaign message secret.

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