Wall Street Soars As Main Street Struggles With Lo’ Rates, No Jobs, & Mo’ Deaths

Wall Street Soars As Main Street Struggles With Lo’ Rates, No Jobs, & Mo’ Deaths

Record-Watch: For the first time ever, more than half the US population is not working; over 76,000 Americans dead from COVID-19; the US economy is contracting at record pace; earnings expectations are collapsing at near record pace; interest-rates at record lows (and imputing negative rates by year-end); and stocks are soaring at their fastest pace ever…

As we noted earlier, there was one especially scary aspect of today’s jobs report that has not gotten enough publicity, namely that as BofA writes, the employment to population ratio plunged to a record low, with only 51.3% of the population working. Inversely, this means that in April, 49% of the US population was not working.

Source: Bloomberg

And it’s going to get worse. How else do you explain the markets pricing in hope for The Fed to cut rates to minus-40bps by Dec 2020?

Source: Bloomberg

We do note that FF futures spiked when The Fed announced Jay Powell would hold a speech next week (theoretically enabling him to jawbone down any expectations of negative rates)…

Source: Bloomberg

Which must be great news for stocks: think of all the people who have nothing better to do than buy the fucking dip all day with all that helicopter money the Fed will be showering on them for the coming years.

Nasdaq was up almost 6% this week and Small Caps ripped higher…

The Nasdaq composite was up 5 days in a row – the best streak since Dec2019 (when it went 10 days in a row without a drop)…

Sending Nasdaq green for 2020 – as if all those dead and unemployed people never mattered…

Source: Bloomberg

Because fun-durr-mentals are so bad, it must be good!!

Source: Bloomberg

Meanwhile, the nation is split politically between lockdown-deniers and stay-at-home-ers; and Democrats (who politicized the DoJ to entrap Flynn and launch a coup against Flynn) have demanded an IG probe into Barr’s politicization of The DoJ; and states/cities are demanding Federal bailouts for what they have over-promised their voters and benefactors for decades….

Small Caps and Nasdaq are up 38% from the 3/22 lows…

But volume has collapsed as stocks have gained…

Source: Bloomberg

Stocks piked to end the day on the highs as the Fed Funds futures market “tightened” away from negative rates expectations…

Source: Bloomberg

It’s the Internet, stupid!

Source: Bloomberg

FANG stocks are up 5 straight days (and 7 of last 9)…

Source: Bloomberg

Bank stocks were mostly higher on the week but quite volatile…

Source: Bloomberg

Airlines were down on the week but Hotels managed gains…

Source: Bloomberg

Overall, the median stock (Value Line Geometric index) is drastically underperforming the broader market…

Source: Bloomberg

HY was better this week but IG bonds lagged…

Source: Bloomberg

A very choppy week for bonds ended with the curve notably steeper (30Y +13bps, 2Y -4bps)

Source: Bloomberg

10Y spiked today – despite the dismal jobs data (on more Fed taper and Powell speech headlines)…

Source: Bloomberg

New record all-time lows for 2Y and 5Y yields…

Source: Bloomberg

The dollar ended the week unchanged… with weakness in the last two days as negative rates started to rear their ugly head…

Source: Bloomberg

Cryptos were all higher on the week, with a notable alt-coin to bitcoin rotation…

Source: Bloomberg

Bitcoin pushed up to $10,000 today…

Source: Bloomberg

Notably gold and Bitcoin surged as negative rates came into the picture (and gold dipped today as negative rates were priced out)…

Source: Bloomberg

Commodities were all higher this week…

Source: Bloomberg

But oil – again – was the big winner…though largely sideways $23-25…

Gold and Silver decoupled a few times this week…

GLD inflows continue their streak (30 days straight and counting)…

Source: Bloomberg

Finally, as we noted earlier, the Nasdaq is now bigger than the rest of the world’s stock markets put together…


Tyler Durden

Fri, 05/08/2020 – 16:01

via ZeroHedge News https://ift.tt/3ck91Oy Tyler Durden

Some Numbers…

Some Numbers…

Some numbers via BofA’s Michael Hartnett putting the recent market move in context:

  • 9/10 say bear market rally

  • 8/10 say “U” or “W” recovery

  • 7/10 say only buy what the Fed buys

  • 6/10 expect retest of low

  • 2/10 say 10Y yield >1%,

  • <1/10 say stocks in bull market;

  • $15 Trillion: global equity market cap gain since March low

  • $16.4 Trillion: global policy stimulus (QE + fiscal) in 2020;

  • $9 Trillion 2020 QE

  • $7.4 Trillion: 2020 fiscal stimulus

  • 107: global rate cuts in 2020

  • $9 Trillion: global GDP loss in 2020/21

  • $4.8 trillion in money market funds

  • 33 Million: jump in US unemployment past 8 weeks;

  • 13%: US household savings ratio

  • 1945: last year in which Royal Dutch Shell cut dividend

  • 10.9% YTD performance of  gold

  • 8.5% US Treasuries

  • 3.8% US dollar

  • 2.9% government bonds;

  • 0.5% cash

  • -11.8%: S&P500

  • -40%: commodities

  • 0: BofA’s Bull and Bear Indicator

  • 51.3%: percentage of US population that is employed

Bonus 1: Some Dates

Bonus 2: Some Bailouts

Bonus 3: Some Returns

Bonus 4: Some Investor Sentiment


Tyler Durden

Fri, 05/08/2020 – 15:55

via ZeroHedge News https://ift.tt/3chD21d Tyler Durden

Coronavirus Curfews Are Counterproductive and Un-American

As states reopen, many businesses are slowly starting to reemerge. So are misguided calls for coronavirus curfews.

The idea isn’t new. As Reason‘s Matt Welch wrote in March, New Jersey Gov. Phil Murphy “strongly suggested” residents abide by an 8 p.m. to 5 a.m. curfew as COVID-19 began ramping up, though he never officially enforced it. The city of Boston followed suit in April, recommending a 9 p.m. to 6 a.m. curfew, but it seemed to be just that—a recommendation. Such declarations were essentially moot anyways, as widespread stay-at-home orders supplanted the purpose a curfew might serve. An exception would be Puerto Rico, which instituted, and rigorously enforced, a rather constraining curfew—7 p.m. to 5 a.m.

Yet the latest round of curfews aren’t on individuals. They’re on businesses, and they’re not optional.

Consider the plan released Thursday by Oregon Gov. Kate Brown. Prior to reopening bars and restaurants, each county must first submit a separate proposal detailing how they will meet public health requirements. As a part of that package, establishments will have to mask their employees, space customers out by 6 feet, and close no later than 10 p.m.

Brown is certainly well-intentioned. But social distancing means restrictions on space, not time. Indeed, spreading out over time should make it easier to spread out over space, by allowing businesses to serve people later.

Montana Gov. Steve Bullock similarly permitted bars, restaurants, and casinos across the entire state to reopen starting May 4—if they close no later than 11:30 p.m. Bullock’s mandate allots more time for revelry than Brown’s does, but it might be more nonsensical, considering that Bullock’s sparsely populated state has recorded only 458 cases of COVID-19 and is meeting the adequate testing thresholds.

Business curfews amount mostly to an attempt to “do something,” even if that something flouts science and common sense. Brown and Bullock aren’t alone in that. Gov. Gavin Newsom shuttered beaches in Orange County, California, for instance, after some photos seemed to show the area crawling with sun-drunk beachgoers. That decision contradicts the wealth of infectious disease experts who say that such outdoor spaces are adequately safe—and beneficial to our mental health—if social distancing guidelines are enforced. 

The coronavirus response should be guided by science and reason, and it should give people the greatest flexibility possible to act in accordance with basic social distancing measures. These curfews do neither.

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Short Circuit: A Roundup of Recent Federal Court Decisions

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.

New on the Short Circuit podcast: Special guest Joseph Mead of ACLU Ohio and the Cleveland-Marshall College of Law joins the panel to talk the right to a basic minimum education and the release of medically vulnerable inmates from a COVID-infested federal prison. Click here for Apple Podcasts.

  • The Air Tour Management Act of 2000 directed the FAA and the National Park Service to draft rules governing aerial tours over national parks and instructed them to “make every effort” to finish the job within two years. Twenty years later, there are still no rules. D.C. Circuit: Mandamused!
  • In 2011, New York City police officers arrested around 150 “Occupy Wall Street” protesters who refused to leave their encampment in Zuccotti Park. And the protestors’ ensuing false arrest and malicious prosecution claims were rightly dismissed, says the Second Circuit. So were their retaliatory arrest and First Amendment-discrimination claims. And so were their due process claims.
  • From 1915 to 1963, successive owners of Jersey City, N.J. chromite processing plant dump toxic waste onsite. (The waste is also used nearby for road construction and wetland filling.) The site’s owner (since 1954) says it has spent $367 mil to clean it up. Given how much control the gov’t exerted over the industry during World War II, must the feds chip in and pay some of the cost? The Third Circuit says no.
  • One fun feature of federal civil procedure is the “finality trap,” an interaction of rules that leads to undead cases—too final for the district court to change but not final enough to appeal. Will the Fifth Circuit finally drive a stake through the dark heart of this doctrine? Find out in an en banc opinion that’s really, really complicated.
  • Allegation: Houston police shoot and kill motorist as he reaches for his wallet. An officer claims he thought the man was reaching for a gun, but no gun is found. After the man’s family sues, the police produce a CD with body camera videos and internal files, but the court withholds the CD from the plaintiffs and dismisses the case. Fifth Circuit: Can’t do that.
  • Allegation: Jackson, La. inmate blocks the surveillance camera in his cell; prison guards enter, spray him with a chemical agent, and restrain him. The guards then take him to the showers and lobby where they mace and beat him. Fifth Circuit: His excessive force claims for events in the cell are dismissed, but his claims for the shower and lobby beatings may proceed.
  • Responding to complaint that Cincinnati, Ohio man had recently threatened his neighbors, police officers approach man’s house, open unlocked door leading to second-floor apartment, proceed unannounced to the second floor, encounter the man (armed with a rifle), and shoot him dead. Man’s estate sues. And, says the Sixth Circuit, the officers enjoy no qualified immunity for their unlawful entry into the man’s home. But the trial court rightly dismissed claims relating to deadly force and indifference to the man’s medical needs.
  • After Kentucky Gov. Andy Beshear issues an executive order banning mass gatherings, police ticket attendees at a drive-in church service on Good Friday. Sixth Circuit (per curiam): Which likely violates Kentucky’s Religious Freedom Restoration Act. The state is enjoined from restricting drive-in services during the pendency of this litigation.
  • Bud Light (in advertising): Miller Lite is made with corn syrup. Miller Lite (in court): True, but since yeast converts it to alcohol, you’re falsely implying that Miller Lite contains corn syrup. Seventh Circuit (in five pages): Bud Light can speak the truth. [Ed.: Our grammar fellow-in-residence insists that we note Judge Easterbrook’s use of U.K. punctuation rules.]
  • The fight over nationwide injunctions continues, this time in a dispute over a presidential proclamation banning immigrants from entering the country unless they had certain types of specified health insurance. Two out of three judges on the Ninth Circuit refuse to stay a district court injunction of the proclamation, while the third considers it a “bad day” for separation of powers and the rule of law.
  • Postal inspector sees video footage of Las Vegan man “fishing” in postal boxes for mail. Using a panopticon-like database of billions of license plate photos taken automatically from cameras mounted on tow trucks and police cars, he tracks the fisherman to his apartment, gets a warrant, and arrests him. But was the warrantless search of the database an unconstitutional search? Ninth Circuit: No. The man’s vehicle—a rental—was overdue, so he had no reasonable expectation of privacy. Concurrence: Even if he had a reasonable expectation of privacy, it wasn’t violated because the database didn’t reveal the whole of his movements.
  • The Moodsters—2005 characters that were repeatedly pitched to Disney—are five color-coded anthropomorphic emotions: pink love, yellow happiness, blue sadness, red anger, and green fear. Which sounds an awful lot like the 2015 Disney/Pixar hit Inside Out, about an 11-year-old’s color-coded anthropomorphic emotions: purple fear, yellow joy, blue sadness, red anger, and green disgust. But in the Ninth Circuit, that’s not copyright infringement. Unlike James Bond (sophisticated, virile) or Godzilla (saurian, beam-breathing), the Moodster idea is too “lightly sketched” to be copyrightable.
  • In the wake of the Las Vegas mass shooting, President Trump directed DOJ to propose a rule that would prohibit “bump stocks,” devices that allow semi-automatic rifles to be fired extremely rapidly. But is a rifle outfitted with a bump stock a prohibited machine gun? Or has DOJ exceeded its statutory authority? Tenth Circuit: The statutory phrase “single function of the trigger” is ambiguous enough to encompass multiple pulls of the trigger. Dissent: No it isn’t; Congress may be able to ban bump stocks, but current law does not.
  • Extending one’s middle finger in the general direction of a police officer (at about the distance of a football field) does not give the officer reasonable suspicion to conduct a traffic stop, says the North Carolina Supreme Court.
  • In pandemic-related news, the Sixth Circuit declines to disturb a district court’s preliminary injunction ordering the feds to remove certain at-risk inmates from a COVID-infested federal prison in Ohio. [Ed.: We discussed the case on the podcast this week.] Two-thirds of an Eleventh Circuit panel finds, however, that officials may be irreparably injured if a district court order to provide soap and disinfectant to detainees at a Miami jail is not stayed (because, among other things, it may force them to redirect supplies from other facilities where they may be needed more).

Marc N’Da, a naturalized citizen who came to the United States with $60 in his pocket, runs a home health agency that cares for 100 elderly and disabled clients in Nebraska. And though Marc is permitted to drive clients to the grocery store and on other errands, Nebraska officials have outlawed providing “non-emergency medical transportation,” like trips to the pharmacy or to doctor’s appointments, without a state permission slip that is essentially impossible to obtain without approval from a cartel of existing providers (who themselves offer abominably bad service, forcing patients to wait days to schedule trips and frequently not showing). “I can drive my patients to Walmart,” says Marc, “but not the Walmart pharmacy. That makes no sense.”  In April, Marc teamed up with IJ to challenge the law, which violates the Nebraska Constitution’s guarantee of due process and its prohibition on granting special privileges or immunities. Click here to learn more.

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Why One Reader Is “Mad As Hell”

Why One Reader Is “Mad As Hell”

…from a reader,

I don’t have to tell you things are bad.

Everybody knows things are bad.

It’s a depression…

Everybody’s out of work or scared of losing their job.

The dollar buys a nickel’s worth, banks are going bust, shopkeepers keep a gun under the counter.

Punks are running wild in the street and there’s nobody anywhere who seems to know anything

And the stock-market is SOARING…

We know how he feels…


Tyler Durden

Fri, 05/08/2020 – 15:40

via ZeroHedge News https://ift.tt/3bgdss7 Tyler Durden

“The Squad” Urges Pelosi To Include “One-Time Universal $30k Student-Loan Cancellation” In Next Relief Bill

“The Squad” Urges Pelosi To Include “One-Time Universal $30k Student-Loan Cancellation” In Next Relief Bill

A group of Democrats – whose mostly white, middle-class, college-educated supporters who derive most of their understanding of contemporary politics and the economy from memes – is pushing House Speaker Nancy Pelosi and Minority Leader Kevin McCarthy to include a “universal, one-time, student loan debt cancellation of at least $30,000 per borrower in the next round of COVID-19 relief legislation.”

So-called Democratic socialists love to drone on about how policies like universal health-care and student loan forgiveness are “popular” (that is, according to several questionably worded surveys), but the truth is, the overwhelming majority of Americans aren’t currently paying down student debt. Fewer than 45 million Americans – that’s less than one-third of working-age adults – are student loan borrowers, and they share nearly $1.5 trillion in debt.

Reps. Ilhan Omar, Ayanna Pressley, Alma Adams and 28 other lawmakers have all co-signed a letter urging the leadership to turn on the money spigot that only rewards Americans who are already mostly white, mostly middle class and mostly fine.

We’d love to hear the explanation why they’re calling for the forgiveness of student debt, not any other types of consumer debt, like mortgage debt (for homes) or credit card debt (for food…and all those vacations you couldn’t afford).

Simply forgiving the loans would do nothing to change a system that produces over-indebted students (and one component of changing that system needs to be consumers taking responsibility for their choices and thinking twice before signing up to get that masters in anthropology, or comparative lit, or gender studies).

President Trump said earlier this afternoon that he couldn’t be sure when Congress would get around to passing another coronavirus relief bill, or even if there would be another bill.

But that didn’t stop Ilhan Omar from hopping right up on that soapbox to talk about how we should just hand out money to all Americans in perpetuity – except landlords, because Karl Marx said they’re evil – just keep the money spigot running until a vaccine is ready and available for all.

Until then, nobody’s allowed to go outside.


Tyler Durden

Fri, 05/08/2020 – 15:38

via ZeroHedge News https://ift.tt/3chhr93 Tyler Durden

YouTube Targets Chinese Blogger After She Posts Video On Coronavirus Origins

YouTube Targets Chinese Blogger After She Posts Video On Coronavirus Origins

YouTube demonetized the account of popular Chinese-American blogger Jennifer Zeng Thursday night, after she published a video which considers several possibilities for the origins of COVID-19, according to Forbes.

The New York-based Zeng, who grew up in China and spent time as a prisoner in a CCP labor camp, has picked up a following on YouTube and Twitter after posting some of the most insightful, unfiltered footage of what’s been going on inside China and elsewhere during the coronavirus outbreak.

“I’ve been warned before by YouTube and have always appealed,” she said, adding “I’ve been warned by them on maybe 95% of my coronavirus videos. I just got this note last night and I wrote to them about it this morning.”

In the video, which has not been censored and is still available, Zeng reviews a story published on a Falun Gong website called Minghui. The authors used pen names, without usual surnames, suggesting they are writing from inside China. The paper is one of the enemies of the Chinese Communist Party, which likens the Falun Gong to an insurgency.

The video goes through a list of seven of the origination theories circulating among official circles and not Western conspiracies about it being a bioweapon manufactured by China.

However, it does note that weaponization was one of the origin stories the Chinese government used early on to deflect blame towards Washington. That origin story was put out by a Chinese military website and spread via social media, making headlines here at home. The article was taken down later. It does not seem to be part of the official China narrative anymore. –Forbes

It appears that Censorship over coronavirus reporting has only gotten worse in recent months, with this site having been banned by Twitter for reporting on a Wuhan scientist currently at the center of an international investigation by the ‘five eyes’ spy agencies, while YouTube has banned divergent opinions from the platform.

Last week, YouTube CEO Susan Wojcicki told CNN‘s “Reliable Sources” that any content which goes against World Health Organization (WHO) recommendations for dealing with the coronavirus would be dealt with.

“Anything that is medically unsubstantiated, so people saying ‘Take Vitamin C or take turmeric, those cure you,’ those are examples of things that would be a violation of our policy. Anything that would go against World Health Organization recommendations would be a violation of our policy,” she said.

So – if one made a video telling people not to wear face masks, like the WHO did, or that coronavirus is not transmissible between humans, like the WHO claimed, or any of the other positions the WHO has flip-flopped on, how would YouTube ‘deal with’ it?

What makes Zeng’s case particularly notable is that the Wuhan lab leak theory has become mainstream – even if it’s not the view endorsed by the China-friendly WHO.

That the virus was not man-made but escaped a lab is shared not only by the Five Eyes intelligence collaborative of the U.S., U.K., Canada, New Zealand and Australia, but also by some Democrats.

“I don’t think it was spliced and diced in the Wuhan Institute of Virology,” says Jamie Metzl, a senior fellow at The Atlantic Council and a former senior official for both Bill Clinton and Joe Biden when he was a Senator. “But I do believe it escaped a lab, accidentally.”

Metzl’s view of the lab escape makes it more difficult to sum this up as merely anti-China, or pro-Trump sentiment. Metzl is not anti-China. –Forbes

And according to Secretary of State Mike Pompeo, “There is enormous evidence that this is where it began,” referring to the Wuhan Institute of Virology.

So – when it comes to the roundtable of discussion, YouTube will only allow those who agree with one side – stifling debate while protecting China.

Read the rest of the report here.


Tyler Durden

Fri, 05/08/2020 – 15:32

via ZeroHedge News https://ift.tt/3bb9NvK Tyler Durden

Goodbye Negative Rates? Fed Funds Slide After Powell Adds May 13 Speech On “Current Economic Issues”

Goodbye Negative Rates? Fed Funds Slide After Powell Adds May 13 Speech On “Current Economic Issues”

Earlier today we reported that 2Y yields hit record lows after Fed Funds futures accelerate their move to suggest increasingly more negative negative rates this morning, with the first negative implied rates expected to hit as soon as November.

And why not: as we explained last night, Powell had to “immediately” address markets and forcefully explain that the Fed will not allow negative rates (unless of course the Fed does plan on greenlighting NIRP) or else risk another crisis if in a few weeks when Powell finally does address this issue, when NIRP has become far more institutionalize, and risk a market revulsion to a hawkish Fed.

Well, we did not have long to wait, because with late 2020, early 2021 contracts hitting record high levels above 100 (implying increasingly more negative Fed Fund rates), some noticed that Powell’s schedule was updated to include a speech on the economy on May 13 discussing “Current Economic Issues.”

In kneejerk reaction, Fed funds futures, perhaps expecting that the topic of the ad hoc speech will be the rate inversion, immediately dropped with late 2020 contracts lower by as much as 2bp, while most contracts fell to session lows, with Dec20 trading at 99.99 after dropping ~1bp after the schedule change was reported. The Jan21 contract also dropped below 100 vs session high 100.04 reached around the time of U.S. jobs report release.

As a result, all those implied fed funds rates which had turned negative as recently as this morning, spiked above 0% for all the closely watched contracts, from Nov 20 to Jan 21, and no longer price in negative rates, which while potentially hitting yields which are now at session highs, has yet to be noticed by stocks which continue to trade at session highs on the day the US reported its worst jobs report ever.


Tyler Durden

Fri, 05/08/2020 – 15:30

via ZeroHedge News https://ift.tt/3csI6Qk Tyler Durden

More Evidence Mounts That COVID-19 May Not Be Natural

More Evidence Mounts That COVID-19 May Not Be Natural

Authored by Chris Martenson via PeakProsperity.com,

Natural or man-made/manipulated?

The debate rages on, though evidence is starting to mount on the side of at least *some* manipulation.

In Tuesday’s video, Chris talked about the polybasic furin cleavage site PRRA which looks suspiciously like an ‘insert’ in covid-19’s genetic coding.

In today’s video, he focuses on the RaTG13 sequence, which raises even more questions. It suggests that either the sequence itself is not natural OR that the larger covid-19 virus isn’t.

There are even further questions raised by the virus’ E protein. But enough of the science-speak. I’ll let Chris explain it all to you here:

Don’t forget to get your free download of Peak Prosperity’s book Prosper!. Given its relevance to preparing for any kind of crisis, pandemic or otherwise, Chris and I are now making it available to the world for free during the covid-19 lockdown.

To download your free copy, click here.


Tyler Durden

Fri, 05/08/2020 – 15:25

via ZeroHedge News https://ift.tt/2xIKlQu Tyler Durden

Short Circuit: A Roundup of Recent Federal Court Decisions

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.

New on the Short Circuit podcast: Special guest Joseph Mead of ACLU Ohio and the Cleveland-Marshall College of Law joins the panel to talk the right to a basic minimum education and the release of medically vulnerable inmates from a COVID-infested federal prison. Click here for Apple Podcasts.

  • The Air Tour Management Act of 2000 directed the FAA and the National Park Service to draft rules governing aerial tours over national parks and instructed them to “make every effort” to finish the job within two years. Twenty years later, there are still no rules. D.C. Circuit: Mandamused!
  • In 2011, New York City police officers arrested around 150 “Occupy Wall Street” protesters who refused to leave their encampment in Zuccotti Park. And the protestors’ ensuing false arrest and malicious prosecution claims were rightly dismissed, says the Second Circuit. So were their retaliatory arrest and First Amendment-discrimination claims. And so were their due process claims.
  • From 1915 to 1963, successive owners of Jersey City, N.J. chromite processing plant dump toxic waste onsite. (The waste is also used nearby for road construction and wetland filling.) The site’s owner (since 1954) says it has spent $367 mil to clean it up. Given how much control the gov’t exerted over the industry during World War II, must the feds chip in and pay some of the cost? The Third Circuit says no.
  • One fun feature of federal civil procedure is the “finality trap,” an interaction of rules that leads to undead cases—too final for the district court to change but not final enough to appeal. Will the Fifth Circuit finally drive a stake through the dark heart of this doctrine? Find out in an en banc opinion that’s really, really complicated.
  • Allegation: Houston police shoot and kill motorist as he reaches for his wallet. An officer claims he thought the man was reaching for a gun, but no gun is found. After the man’s family sues, the police produce a CD with body camera videos and internal files, but the court withholds the CD from the plaintiffs and dismisses the case. Fifth Circuit: Can’t do that.
  • Allegation: Jackson, La. inmate blocks the surveillance camera in his cell; prison guards enter, spray him with a chemical agent, and restrain him. The guards then take him to the showers and lobby where they mace and beat him. Fifth Circuit: His excessive force claims for events in the cell are dismissed, but his claims for the shower and lobby beatings may proceed.
  • Responding to complaint that Cincinnati, Ohio man had recently threatened his neighbors, police officers approach man’s house, open unlocked door leading to second-floor apartment, proceed unannounced to the second floor, encounter the man (armed with a rifle), and shoot him dead. Man’s estate sues. And, says the Sixth Circuit, the officers enjoy no qualified immunity for their unlawful entry into the man’s home. But the trial court rightly dismissed claims relating to deadly force and indifference to the man’s medical needs.
  • After Kentucky Gov. Andy Beshear issues an executive order banning mass gatherings, police ticket attendees at a drive-in church service on Good Friday. Sixth Circuit (per curiam): Which likely violates Kentucky’s Religious Freedom Restoration Act. The state is enjoined from restricting drive-in services during the pendency of this litigation.
  • Bud Light (in advertising): Miller Lite is made with corn syrup. Miller Lite (in court): True, but since yeast converts it to alcohol, you’re falsely implying that Miller Lite contains corn syrup. Seventh Circuit (in five pages): Bud Light can speak the truth. [Ed.: Our grammar fellow-in-residence insists that we note Judge Easterbrook’s use of U.K. punctuation rules.]
  • The fight over nationwide injunctions continues, this time in a dispute over a presidential proclamation banning immigrants from entering the country unless they had certain types of specified health insurance. Two out of three judges on the Ninth Circuit refuse to stay a district court injunction of the proclamation, while the third considers it a “bad day” for separation of powers and the rule of law.
  • Postal inspector sees video footage of Las Vegan man “fishing” in postal boxes for mail. Using a panopticon-like database of billions of license plate photos taken automatically from cameras mounted on tow trucks and police cars, he tracks the fisherman to his apartment, gets a warrant, and arrests him. But was the warrantless search of the database an unconstitutional search? Ninth Circuit: No. The man’s vehicle—a rental—was overdue, so he had no reasonable expectation of privacy. Concurrence: Even if he had a reasonable expectation of privacy, it wasn’t violated because the database didn’t reveal the whole of his movements.
  • The Moodsters—2005 characters that were repeatedly pitched to Disney—are five color-coded anthropomorphic emotions: pink love, yellow happiness, blue sadness, red anger, and green fear. Which sounds an awful lot like the 2015 Disney/Pixar hit Inside Out, about an 11-year-old’s color-coded anthropomorphic emotions: purple fear, yellow joy, blue sadness, red anger, and green disgust. But in the Ninth Circuit, that’s not copyright infringement. Unlike James Bond (sophisticated, virile) or Godzilla (saurian, beam-breathing), the Moodster idea is too “lightly sketched” to be copyrightable.
  • In the wake of the Las Vegas mass shooting, President Trump directed DOJ to propose a rule that would prohibit “bump stocks,” devices that allow semi-automatic rifles to be fired extremely rapidly. But is a rifle outfitted with a bump stock a prohibited machine gun? Or has DOJ exceeded its statutory authority? Tenth Circuit: The statutory phrase “single function of the trigger” is ambiguous enough to encompass multiple pulls of the trigger. Dissent: No it isn’t; Congress may be able to ban bump stocks, but current law does not.
  • Extending one’s middle finger in the general direction of a police officer (at about the distance of a football field) does not give the officer reasonable suspicion to conduct a traffic stop, says the North Carolina Supreme Court.
  • In pandemic-related news, the Sixth Circuit declines to disturb a district court’s preliminary injunction ordering the feds to remove certain at-risk inmates from a COVID-infested federal prison in Ohio. [Ed.: We discussed the case on the podcast this week.] Two-thirds of an Eleventh Circuit panel finds, however, that officials may be irreparably injured if a district court order to provide soap and disinfectant to detainees at a Miami jail is not stayed (because, among other things, it may force them to redirect supplies from other facilities where they may be needed more).

Marc N’Da, a naturalized citizen who came to the United States with $60 in his pocket, runs a home health agency that cares for 100 elderly and disabled clients in Nebraska. And though Marc is permitted to drive clients to the grocery store and on other errands, Nebraska officials have outlawed providing “non-emergency medical transportation,” like trips to the pharmacy or to doctor’s appointments, without a state permission slip that is essentially impossible to obtain without approval from a cartel of existing providers (who themselves offer abominably bad service, forcing patients to wait days to schedule trips and frequently not showing). “I can drive my patients to Walmart,” says Marc, “but not the Walmart pharmacy. That makes no sense.”  In April, Marc teamed up with IJ to challenge the law, which violates the Nebraska Constitution’s guarantee of due process and its prohibition on granting special privileges or immunities. Click here to learn more.

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