Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

A Florida minister and licensed clinical Christian psychologist, who had provided court-mandated batterers’ intervention program (BIP) services for decades, sought certification from the Florida Department of Children and Families (DCF) to continue offering these services to individuals ordered by courts to attend BIPs following domestic violence convictions. The DCF denied his application because his curriculum incorporated a faith-based approach and addressed issues such as substance abuse and anger management, which conflicted with state regulations prohibiting faith-based ideology and requiring a specific psychoeducational model. The provider had previously operated without proper certification and had been denied certification in the past for similar reasons.After the DCF’s 2022 denial, the provider filed suit in the United States District Court for the Northern District of Florida, alleging that the regulation violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment. The District Court granted summary judgment in favor of DCF, holding that court-ordered BIPs constitute government speech, and thus the state could set their content without implicating the First Amendment.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the District Court’s decision de novo. The Eleventh Circuit affirmed, holding that the curriculum and presentation of court-ordered BIPs are government speech. The court found that the state has historically used BIPs to communicate its own message, that participants would reasonably associate the program’s content with the government, and that the state exercises substantial control over the content. Because the programs are government speech, the provider’s Free Speech and Free Exercise claims could not proceed. The court also rejected the facial challenge to the regulation and affirmed the District Court’s judgment. View "Nussbaumer v. Secretary, Florida Dept of Children and Families" on Justia Law

A physician licensed in Florida worked at a weight management clinic, where he was responsible for maintaining a federal registration to dispense controlled substances. After a report of missing controlled substances at the clinic, local police and the Drug Enforcement Administration (DEA) began investigating. The investigation revealed that the physician had issued numerous prescriptions for controlled substances without proper documentation of a doctor-patient relationship, failed to maintain required records, did not properly report or store controlled substances, and dispensed medication in violation of labeling requirements. The physician claimed that another clinic employee had forged his signature on some prescriptions and denied personal wrongdoing.The DEA issued an Order to Show Cause, notifying the physician of its intent to revoke his registration and deny pending applications, citing violations of federal and state law. The physician submitted a Corrective Action Plan but did not request a hearing. The DEA Administrator reviewed the evidence, including expert testimony and the physician’s admissions, and found that the physician’s continued registration would be inconsistent with the public interest. The Administrator revoked the registration and denied all pending applications, emphasizing the physician’s failure to accept responsibility and the inadequacy of his proposed corrective measures.The United States Court of Appeals for the Eleventh Circuit reviewed the DEA’s final order under an abuse of discretion standard, deferring to the agency’s factual findings if supported by substantial evidence. The court held that the physician received adequate procedural due process, as he was given notice and an opportunity for a hearing, which he declined. The court also rejected the argument that the DEA was required to find knowing or intentional misconduct under Ruan v. United States, holding that such a mens rea requirement does not apply to administrative revocation proceedings under 21 U.S.C. § 824. The petition for review was denied. View "Ashraf v. Drug Enforcement Administration" on Justia Law

An Army veteran serving a lengthy prison sentence in Florida applied for and received disability benefits for service-related post-traumatic stress disorder. Initially, the Veterans Benefits Administration approved his claim at a 70 percent rate, later increasing it to 80 percent. However, after his felony conviction and incarceration, the Administration reduced his monthly benefits to a 10 percent rate pursuant to 38 U.S.C. § 5313, which limits disability payments for veterans incarcerated for more than 60 days due to a felony.The veteran filed a pro se complaint in the United States District Court for the Middle District of Florida, naming the United States Congress as defendant. He alleged that the statute reducing his benefits violated the Bill of Attainder Clause and the Equal Protection component of the Fifth Amendment, seeking both prospective and retroactive relief. A magistrate judge recommended dismissal, assuming without deciding that the court had jurisdiction over facial constitutional challenges, but finding the claims frivolous. The district court adopted this recommendation, dismissing the complaint and declining to address the plaintiff’s general objections.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that sovereign immunity barred the suit against Congress, as Congress has not waived immunity for constitutional claims arising from its enactment of legislation. The court further held that any amendment to name a different defendant would be futile because the Veterans’ Judicial Review Act provides an exclusive review scheme for challenges to veterans’ benefits decisions, channeling all such claims—including constitutional challenges—through the administrative process and ultimately to the Court of Appeals for Veterans Claims and the Federal Circuit. The Eleventh Circuit vacated the district court’s judgment and remanded with instructions to dismiss the case without prejudice for lack of jurisdiction. View "Johnson v. United States Congress" on Justia Law

A married couple, both citizens of Mexico, have lived in the United States for over twenty years without legal status. They have two U.S.-born children, one of whom, I.L., has a learning disability, ADHD, and requires ongoing medical and educational support. The Department of Homeland Security initiated removal proceedings against the couple, who conceded inadmissibility but sought cancellation of removal, arguing that deportation would cause their son an “exceptional and extremely unusual hardship” due to his special needs and the alleged lack of adequate services in Mexico.An immigration judge found both parents credible and agreed they met the first three statutory requirements for cancellation of removal, but concluded they did not satisfy the hardship requirement. The judge acknowledged the difficulties I.L. would face but determined these did not rise to the high threshold set by the statute. The Board of Immigration Appeals affirmed the judge’s decisions in separate, but materially identical, rulings, agreeing that the hardship standard was not met.The United States Court of Appeals for the Eleventh Circuit reviewed the Board’s application of the hardship standard under the substantial-evidence standard, as clarified by recent Supreme Court precedent. The court held that the Board’s determination was supported by substantial evidence, given the record showed that some medical and educational services were available in Mexico and that the Board applied the correct legal standard. The court denied the petitions for review, holding that the Board’s application of the “exceptional and extremely unusual hardship” standard under 8 U.S.C. § 1229b(b)(1)(D) is reviewable for substantial evidence, and that the Board’s decisions in these cases met that standard. View "Lopez-Martinez v. U.S. Attorney General" on Justia Law

The case involves a challenge to the U.S. Securities and Exchange Commission's (SEC) 2023 Funding Order, which amended the funding structure for the Consolidated Audit Trail (CAT). The CAT was established to create a single electronic system for gathering and maintaining data on stock trades. Initially, the SEC estimated the cost of building and operating the CAT to be significantly lower than the actual costs incurred. The 2023 Funding Order allowed self-regulatory organizations (SROs) to pass all CAT costs to their broker-dealer members, a shift from the original plan that required both SROs and broker-dealers to share the costs.The American Securities Association and Citadel Securities, LLC challenged the 2023 Funding Order, arguing that it was arbitrary and capricious. They contended that the SEC failed to justify the decision to allow SROs to pass all CAT costs to broker-dealers and did not update its economic analysis to reflect the actual costs of the CAT, which had significantly increased since the original estimates.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court found that the SEC's 2023 Funding Order was internally inconsistent and represented an unexplained policy change from previous rules that required both SROs and broker-dealers to share CAT costs. The court also determined that the SEC failed to consider the effects of allowing SROs to pass all CAT costs to broker-dealers, creating a potential free-rider problem. Additionally, the court held that the SEC's reliance on outdated economic analysis was unreasonable given the significant increase in CAT costs.The Eleventh Circuit vacated the 2023 Funding Order, stayed its decision for sixty days to allow the SEC to address the issues, and remanded the matter to the SEC for further proceedings consistent with the court's opinion. View "American Securities Association v. Securities and Exchange Commission" on Justia Law

Walmart, Inc. faced allegations from Immigration and Customs Enforcement (ICE) for 11,103 violations of immigration-related recordkeeping requirements at 20 locations. These cases were assigned to an Administrative Law Judge (ALJ) in the Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO). Before the ALJ could rule on the merits, Walmart filed a lawsuit in federal district court, challenging the constitutionality of the "good cause" removal procedure for ALJs under 5 U.S.C. § 7521(a) of the Administrative Procedure Act (APA). Walmart argued that this removal procedure infringed upon the President’s executive power under Article II of the Constitution.The United States District Court for the Southern District of Georgia ruled in favor of Walmart, declaring § 7521(a) unconstitutional and permanently enjoining the Department and its Chief ALJ from adjudicating ICE’s complaints against Walmart. The district court refused to sever § 7521(a) from the rest of the statute.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the case. The Eleventh Circuit held that the APA’s § 7521(a) is constitutional as applied to the Department’s ALJs in OCAHO. The court reasoned that the ALJs perform purely adjudicative functions, have limited duties, and lack policymaking or administrative authority. Additionally, the decisions of the ALJs are subject to plenary review by the Attorney General, who is removable at will by the President, ensuring sufficient executive control.The Eleventh Circuit vacated the district court’s permanent injunction and reversed its entry of summary judgment for Walmart. The court also noted that even if § 7521(a) were unconstitutional, the proper remedy would be to sever the "good cause" removal restriction, leaving the rest of the APA intact. View "Walmart, Inc. v. King" on Justia Law

Summit Carbon Solutions, LLC plans to build an interstate pipeline through Iowa, passing through Shelby and Story Counties. Both counties enacted ordinances regulating pipelines, including setback, emergency response plan, and local permit requirements. Summit challenged these ordinances, claiming they were preempted by the federal Pipeline Safety Act (PSA) and Iowa law. The district court granted summary judgment in favor of Summit, permanently enjoining the ordinances.The United States District Court for the Southern District of Iowa reviewed the case and ruled in favor of Summit, finding that the PSA preempted the counties' ordinances. The court held that the ordinances imposed safety standards, which are under the exclusive regulatory authority of the federal government. The court also found that the ordinances were inconsistent with Iowa state law, which grants the Iowa Utilities Commission (IUC) the authority to regulate pipeline routes and safety standards.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that the PSA preempts the Shelby and Story ordinances' setback, emergency response, and abandonment provisions. The court found that the ordinances' primary motivation was safety, which falls under the exclusive regulatory authority of the federal government. The court also held that the ordinances were inconsistent with Iowa state law, as they imposed additional requirements that could prohibit pipeline construction even if the IUC had granted a permit.The Eighth Circuit affirmed the district court's judgment in both cases, but vacated and remanded the judgment in the Story County case to the extent it addressed a repealed ordinance. View "McNair v. Johnson" on Justia Law

Rachael Gorecki applied for disability benefits and received a hearing before an administrative law judge (ALJ) whose appointment was ratified by Nancy Berryhill during her second tenure as Acting Commissioner of the Social Security Administration. The ALJ denied Gorecki's benefits application, and the Social Security Administration's Appeals Council denied review, making the decision final. Gorecki then sued, arguing that the ALJ had no constitutional authority to issue a decision because Berryhill's second stint as Acting Commissioner violated the Federal Vacancies Reform Act (FVRA).The United States District Court for the Northern District of Alabama rejected Gorecki's argument, aligning with other appellate courts that had ruled on similar issues. The district court found that Berryhill's second tenure as Acting Commissioner was lawful under the FVRA.The United States Court of Appeals for the Eleventh Circuit reviewed the case and joined five other circuits in holding that the FVRA authorized Berryhill's second stint as Acting Commissioner. The court found that the plain text of the FVRA allowed Berryhill to serve again as Acting Commissioner once a nomination for the office was submitted to the Senate, regardless of whether the nomination occurred during the initial 210-day period. The court affirmed the district court's judgment, concluding that Berryhill's ratification of the ALJ's appointment was valid and that the ALJ had the authority to deny Gorecki's benefits application. The Eleventh Circuit thus affirmed the lower court's decision. View "Gorecki v. Commissioner, Social Security Administration" on Justia Law

Sunshine State Regional Center, Inc. (Sunshine State) is an EB-5 regional center that was designated in 2014. The EB-5 program allows immigrants to obtain visas by investing in job-creating enterprises in the U.S. The EB-5 Reform and Integrity Act of 2022 (the Act) introduced an annual fee for regional centers to fund the EB-5 Integrity Fund, aimed at preventing fraud. Sunshine State, which is not currently sponsoring new investment projects, argued that it should not be subject to this fee because it was designated before the Act was passed.The United States District Court for the Southern District of Florida denied Sunshine State’s motion for summary judgment and granted, in part, the motion to dismiss filed by the United States Citizenship and Immigration Services (USCIS). The district court found that the Act’s text did not exempt pre-Act regional centers from the Integrity Fund Fee and that the structure of the Act suggested the opposite.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the Act’s language and structure indicate that all regional centers, regardless of when they were designated, are subject to the Integrity Fund Fee. The court reasoned that the term “designated under subparagraph (E)” includes both pre- and post-Act regional centers because the Act governs the entire EB-5 program, and any designation for that program must now operate under subparagraph (E). The court also rejected Sunshine State’s argument that imposing the fee would be retroactive, stating that the fee is prospective and applies to the ongoing status of being a designated regional center.The Eleventh Circuit affirmed the district court’s decision, upholding the imposition of the Integrity Fund Fee on Sunshine State. View "Sunshine State Regional Center, Inc. v. Director, US Citizenship and Immigration Services" on Justia Law

A psychiatric hospital in Florida, Suncoast Behavioral Health Center, and its management company, UHS of Delaware, Inc. (UHS-DE), were cited by the Secretary of Labor for violating the Occupational Safety and Health Act’s General Duty Clause by failing to protect employees from patient-on-staff violence. The citation followed an OSHA investigation that revealed numerous instances of workplace violence at the hospital.The Occupational Safety and Health Review Commission (the Commission) affirmed the citation, concluding that Suncoast and UHS-DE operated as a single employer and that the Secretary of Labor had proven the feasibility and effectiveness of the proposed abatement measures. The Commission did not address the economic feasibility of two specific abatement measures related to hiring additional security staff, as the feasibility and efficacy of the other six measures were undisputed.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court upheld the Commission’s finding that Suncoast and UHS-DE operated as a single employer, noting that they shared a common worksite, integrated operations, and common management. However, the court found that the Secretary of Labor failed to prove the economic feasibility of the two security staffing-related abatement measures. Consequently, the court set aside the ALJ’s finding regarding these two measures but upheld the citation based on the six undisputed abatement measures.The court denied in part and granted in part the petition for review, affirming the citation but clarifying that Suncoast and UHS-DE are not obligated to implement the two security staffing measures. View "UHS of Delaware, Inc. v. Secretary of Labor" on Justia Law