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.