• Remedies and Marriage: Right to Injunction Constitutional Violations and Addressing Marital Privilege

  • Nov 17 2023
  • Length: 37 mins
  • Podcast

Remedies and Marriage: Right to Injunction Constitutional Violations and Addressing Marital Privilege

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  • Summary

  • In the seventh episode of Seventh Circuit Roundup, Kian and Mark address cases from very different areas of the law that offer some practical insights for those practicing in the Seventh Circuit.

    First, Kian discusses Finch v. Treto, which concerns the circumstances when a district court might decline to issue an injunction even in the face of a potential constitutional violation. Finch concerned a Commerce Clause challenge to Illinois’ licensing system for cannabis dispensaries. The Court declined to require the district court to enjoin all licenses granted to dispensaries. Kian discusses the circumstances that led to that conclusion and how practitioners can avoid falling into situations where injunctive relief might not be available.

    Mark addresses U.S v. Diggs, which reviews the various privileges applicable to married couples and examines the joint participation exception to the spousal privilege. Of particular note is Judge Scudder’s dissent suggesting the Seventh Circuit should revisit whether the joint participation exception should continue to apply in light of intervening Supreme Court cases.

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