Category Archives: News

Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc

Today the D.C. Circuit denied rehearing en banc in the Greenhouse Gas case.  No surprise there.  The panel decision upheld the EPA’s finding that carbon dioxide is a pollutant and upheld the agency’s regulation of CO2 emissions. The original panelists signed Chief Judge Sentelle’s opinion concurring in the denial of rehearing, and Judges Brown and Kavanaugh each dissented.  Today’s dissenters are always worth a read, and these offerings are no exception. Continue reading

Today’s Opinion: Court Upholds SSA’s Nondisclosure of Top Employers of Undocumented Workers

In a three-page opinion, Judge Kavanaugh followed the district court in upholding the Social Security Administration’s refusal to comply with a Freedom of Information Act request from an anti-corruption organization.   Continue reading

D.C. Circuit Mulls Challenge to NLRB Recess Appointments

From Sam Hananel’s account of today’s oral argument in the NLRB recess appointments case, it sounds like Victor Williams’s political question argument attracted some  attention–at least from Judge Griffith.   Continue reading

Today’s Opinions: FCC Data Roaming Rule and NLRB Discovery Order Upheld

Judge Tatel published two majority opinions this morning.  Continue reading

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

“‘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