- Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc
- Reply: Political Question Answer to Recess Appointment Test
- Today’s Opinion: Court Upholds SSA’s Nondisclosure of Top Employers of Undocumented Workers
- D.C. Circuit Mulls Challenge to NLRB Recess Appointments
- Today’s Opinions: FCC Data Roaming Rule and NLRB Discovery Order Upheld
- Wallach on Chevron Deference and “Muddling Through”
- Chief Judge Sentelle to Take Senior Status
Category Archives: Court News
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
Peter J. Krumholz (Hale Westfall, LLP) has published The Case for Greater Public Access to Oral Argument Recordings in the Tenth Circuit, 89 Denver U. L. Rev. 395 (2012).
The author lists the D.C. Circuit among the minority of “laggard” circuits that have failed to follow the Supreme Court’s example of publishing audio recordings of oral arguments online. Continue reading
The D.C. Circuit could lose one of its judges during the next presidential term if the President is called on to fill a Supreme Court vacancy. Judge Merrick Garland is frequently named as a possible second term SCOTUS appointee for President Obama, and Judges Brett Kavanaugh and Janice Rogers Brown have both appeared on lists of possible Romney appointees in recent months. Continue reading
The Supreme Court affirmed the D.C. Circuit in three out of the four cases it heard during the term that ended last Thursday. Two of the three opinions the high court affirmed were authored by Judge Ginsburg, who took senior status in October. Continue reading
Chief Justice Roberts addressed the D.C. Circuit’s bench and bar in his first public remarks since he dropped the Health Care Cases bombshell on Thursday, reports Joe Mandak for the Associated Press. Roberts, a former D.C. Circuit Judge, was the guest of honor at the D.C. Circuit Judicial Conference the day after he announced the decision upholding most of the Affordable Care Act.
Although he dodged a question about how “one recent opinion might fit into” the Court’s legacy, the Chief Justice did allude to his largely unexpected decision to uphold most of the Affordable Care Act. Continue reading