United States Court of Appeals for the Seventh Circuit

That, again, is maybe a question for down the line.

And again, there's another case that we've cited, the Saints Constantine Helen Greek case, where, versus City of New Berlin, where the Seventh Circuit essentially ordered the district court to grant the rezoning relief requested by the plaintiff, but stated for 90 days to allow the city and the church a chance to negotiate.

So again, there is relief available here that doesn't actually get to the rezoning question.

And turning quickly to Judge Keenan, I see I have limited time left.

That brings us to the arbitration segment.

There was an argument before the Seventh Circuit in Greenwood versus Express Technologies.

Can an arbitration clause survive when a company removes it from the terms of service? This sounds strangely like Coinbase, Dan.

Why don't you tell us about this?

But there's a pattern I've talked about The arbitration arena has gotten more and more interesting in the last few years, both at the Supreme Court of the United States level, but also at the Illinois court level, just because there's more and more challenges, I would say, to the process and various mechanisms.

But whether contracts do or don't require and whether clicks and other things and notices of new terms, like Pat said, this sounds more and more like Coinbase, this one.

So we'll see what the Seventh Circuit does, and we'll probably come back with where are they now segmented at some point.

I imagine we will, which brings us to our prediction sure to go wrong.

Again, by time until we die, we run out of money or it's no longer relevant, right? So what's the impact of the December 2nd SCOTUS ruling? Circuit split.

The Third Circuit's decision created a major federal appeals court split with other circuits that have upheld similar bans, such as the Seventh Circuit in Illinois.

So the upcoming December consolidated cases, Viramontes and Grant directly address this exact conflict.

So as far as assault weapons go, There's a good chance the Supreme Court is going to hold our case until their ruling in June or July of next year and join it with Viramontes and Grant.

And listen, this is a district court ruling, meaning the trial court judge made a particular ruling.

And typically, when something like that comes out of another state, another district, another federal district that doesn't involve Indiana or doesn't involve the Seventh Circuit, which is the federal appellate circuit that Indiana federal courts are in, then I tend to not pay a lot of attention to those because they don't necessarily affect us here in Indiana.

But this ruling that we just got here a week or so ago, earlier in October, has to do with the mass shooting that occurred in 2021, I believe it is, at the Indianapolis FedEx facility.

And look, a number of people were killed.

We've always protected the home more than anything.

And in cases like Tuggle and other things where, in that case, the Seventh Circuit,

um

the seventh circuit said that well you know carpenter says that uh the protection only applies when you leave your home for the privacies of life it seems like that was ignoring the fact that like the true privacy of life that have been protected from the founding on have been at the home and so if you have an arbitrary permanent surveillance system that's tracking what you're doing in your home by inference all the patterns of life when you turn the lights turn off the lights you know go out in your bathrobe all those things Like that to me is far more revealing.

And I can't imagine the founding fathers would have been cool with like, you know, cameras for a year and a half watching everything you're doing.

And to me, you can take those principles of Chantre.

They could change it so that it's significantly more aggressive than what it was before.

So, you and I talked a few years ago when the Seventh Circuit heard a case called Townstone.

And in that case, the Seventh Circuit said, well, yeah, of course, ACOA prohibits discouraging prospective applicants.

And the CFPB has a lot of authority to prevent evasions of ACOA.

And so, I think it's quite likely that a future CFPB looks at Townstone and looks at the importance of marketing and says, you know what, we're going to change the rules so that it covers all types of marketing conduct.