Monthly Archives: May 2012

Laurence Silberman Goes to Washington

The most recent issue of The Green Bag contains an account by Judge Silberman of Nixon-era political intrigue in which he played a prominent role. Continue reading

Judge Kavanaugh Three-peats Three-Mile Victory

Sure, Judge Kavanaugh is frequently said to be on the short list of likely Supreme Court nominees if Romney wins the White House. But his frontrunner credentials were secured earlier this month when his name topped an even more competitive list Continue reading

Is the D.C. Circuit Too Small To Go En Banc?

Ted Frank of the Center for Class Action Fairness has a post on PointofLaw.com explaining why he thinks the D.C. Circuit’s recent opinion upholding the Cobell settlement was wrongly decided.  (Frank argued the case for the objector.)  Frank asks for advice about whether to petition for rehearing en banc. Continue reading

Follow @DCCircuitReview on Twitter for More D.C. Circuit News

Today, after eight months of tweeting, @DCCircuitReview added its 100th follower.  Congratulations @JusticeStake!  Your prize?  Approximately two D.C.-Circuit-related tweets per day, plus headlines from the blog. Continue reading

Judge Silberman, et al., Win Rehearing En Banc in Judicial Pay Case

Judge Silberman is one of the named plaintiffs in a judicial pay case that the Federal Circuit recently agreed to hear en banc.  The suit is a constitutional challenge to legislation barring cost-of-living adjustments to federal judicial salaries despite a 1989 statute providing that such adjustments should be made automatically whenever other civil servants receive them. Continue reading

After 16 Years and 23 Published Opinions, D.C. Circuit Affirms Cobell Settlement

For an appellate panel whose decision will be known to posterity as Cobell XXIII, the prospect of preventing a two-dozenth published opinion must be tempting. (The district court was already describing this case in Jarndycian terms back in Cobell XX.) The D.C. Circuit yielded to the allure of finality yesterday when it upheld a $3.4 billion settlement in a class action brought 16 years ago by American Indians against the Secretary of the Interior for mismanagement of “Individual Indian Money” trust accounts. Continue reading

Should an Independent Agency Hold the Power of the Purse?

The Harvard Law Review has published a note entitled Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection. Continue reading

Title VII Plaintiff Need Not Prove Discrimination Was “Sole Reason” for Adverse Employment Action

The D.C. Circuit took a self-contradictory jury instruction as an occasion to clarify that a Title VII plaintiff can prevail on a pretext claim by proving discrimination was a but-for cause of the adverse employment action.  He does not have to prove it was the sole cause to recover damages. Continue reading

Trump Casino Wins Partial Victory Against NLRB and Card Dealers’ Union

Photo credit: banspy

The D.C. Circuit vacated the National Labor Relation Board’s decision that Trump Plaza Hotel and Casino had unlawfully refused to bargain with the union that purports to represent the Casino’s card dealers. Continue reading

Supreme Court to Consider Granting Guantanamo Cert Petition Next Week

[Update: The Supreme Court denied cert on June 11, 2012.]

The D.C. Circuit’s decision vacating the habeas grant in Latif v. Obama is back in the news. The Guantanamo detainee’s cert petition, which was yesterday’s “petition of the day” at SCOTUSblog, has been distributed for consideration at the Supreme Court’s May 17 conference, along with recently redacted, public versions of the Solicitor General’s response in opposition to cert (pdf) and Latif’s reply Continue reading