Monthly Archives: November 2012

Chief Judge Sentelle to Take Senior Status

Chief Judge David Sentelle will be taking senior status on February 12, 2013, according to the U.S. Courts website.  Todd Ruger reports that the next judge in line to be Chief is Continue reading

D.C. Circuit Approves Retroactive Application of FERC’s New Interpretation of the Natural Gas Act

When can an agency adjudicate past conduct according to a new policy that conflicts with the agency’s former policy? Continue reading

“‘You never know’ is no substitute for substantial evidence”: D.C. Circuit Vacates NLRB’s Finding that Union’s Overtures Broke Bargaining Impasse

Today the D.C. Circuit vacated the National Labor Relations Board’s decision that an employer unlawfully refused to bargain with a union before its employees decertified the union’s representation. Noting the court’s obligation to “examine carefully both the Board’s findings and its reasoning,” Chief Judge Sentelle concluded that “the record evidence not only does not support the Board’s finding, but uniformly supports [the employer's] position” that the parties were at an impasse. Continue reading

Can “Human Drama” Help To Fill the D.C. Circuit’s Three Empty Seats?

David Fontana of George Washington School of Law has a piece on the Huffington Post suggesting that President Obama can pick up the pace of judicial confirmations if he “nominate[s] progressives who happen to have been appointed or hired by Republicans” and “create[s] nomination hearings that have more human drama and less legal theory.”

The D.C. Circuit may offer the best opportunity to test Fontana’s theory. Continue reading

Political Question Doctrine Does Not Shield Controversial Recess Appointments

Victor Williams of Catholic Law School has an op-ed in today’s National Law Journal arguing that any challenge to the President’s recess appointments of National Labor Relations Board members is nonjusticiable on political question grounds. Continue reading

Weekend Review

Continue reading

Five D.C. Circuit Judges Will Speak at Federalist Society Convention

The D.C. Circuit is showing up in force at the Federalist Society’s annual National Lawyers Convention today through Saturday at the Mayflower Hotel, three stops away from Judiciary Square on the Red Line.  Continue reading