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Tag Archives: Judge Stephanie Dawn Thacker

First Step Act decisions must be procedurally, substantively reasonable

Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed a large upward variance was warranted when it resentenced the ...

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Preliminary injunction doesn’t confer ‘prevailing party’ status for attorneys’ fees

Where the plaintiffs obtained a preliminary injunction against enforcement of a Virginia statute that triggered the automatic suspension of driver’s licenses for nonpayment of court costs and fines, and the General Assembly then repealed the statute, the plaintiffs weren’t entitled ...

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Denial of church’s zoning requests didn’t violate law

Where a church was aware of zoning restrictions when it purchased property, it could not have had a reasonable expectation of religious land use, dooming its claim under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. Because the ...

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Abortion providers have standing to challenge SC law

Where abortion providers challenged South Carolina legislation that bans abortions after an ultrasound detects a “fetal heartbeat,” they had third-party standing to do so because they would suffer an injury-in-fact from enforcement and could reasonably be expected to frame the ...

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SC governor, attorney general dismissed from mask ban suit

Where the South Carolina governor had no responsibility for enforcing a provision in the state budget that prohibits school districts from using appropriated funds to impose mask mandates, and the South Carolina attorney general had neither implemented nor threatened to ...

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Government failed to consider pipeline’s impact on environment

Where the United States Forest Service and the Bureau of Land Management, or BLM, failed to account for data suggesting increased sedimentation along the route of a proposed gas pipeline, and approved the use of the conventional bore method to ...

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