U.S. Court of Appeals for the Tenth Circuit
14 published articles from this court.
A divided panel held that a 2005 highway-bill rider letting Oklahoma run environmental programs in Indian country did not expire in 2009 and bars EPA-imposed conditions.
For the second time, a federal appeals court reversed an injunction against a 2021 Kansas law barring groups from prefilling the mail-ballot applications they send voters.
The court held that Reven's executives could not fault a judge for ruling without a hearing they had jointly asked to cancel, and it left the modified freeze in place.
A Tenth Circuit panel held that an officer who fired three fatal shots at a man holding a bat at his side during a civil standby call must face an excessive-force claim.
Two justices said convicting a man a second time of being "found in" the country, while he was barred from leaving it on supervised release, was difficult to square with the Constitution.
A divided panel held that a federal statute stripping judicial review of discretionary immigration decisions does not bar challenges to mandatory threshold findings.
The appeals court ruled that plan administrators who fail to tell claimants how long they have to sue cannot later invoke that deadline against them.
A divided panel lets part of a Second Amendment challenge to Colorado's unserialized firearm-parts law move forward, rejecting the state's view that possession restrictions are merely conditions on commercial sales while narrowing which claims plaintiffs may bring.
In Comanche Nation v. Ware, the court holds that IGRA's abrogation clause reaches suits by any tribe, not just compact parties, while Ex parte Young does not open the door to official-capacity RICO claims absent an enforcement connection.
The panel said a defendant challenging a firearm-related sentencing enhancement showed error over a marijuana-possession predicate, but not the kind of plain error needed to undo his 77-month sentence.
The Tenth Circuit said a former Walmart employee presented enough evidence for a jury to hear his hostile-work-environment claim, while affirming the dismissal of his other discrimination-related theories.
The Tenth Circuit held that Kansas consumers' storm-pricing claims against wholesale natural-gas suppliers are field-preempted by the Natural Gas Act.
The panel said counsel's second-degree murder strategy did not trigger McCoy structural error or Cronic presumed prejudice in Kyle Quentin Sago's postconviction bid.
The panel rejected the federal government's new reading of immigration detention law, deepening a fast-moving circuit split over mandatory detention for noncitizens arrested inside the U.S.