Category Archives: Court News

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

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

Krumholz on Access to Oral Argument Recordings

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

Is the Administration Waging a Media War Against the D.C. Circuit?

Hours before President Obama won reelection yesterday, the Wall Street Journal accused his administration of trying to intimidate the D.C. Circuit through the press. Continue reading

How Will Today’s Election Change the D.C. Circuit?

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

Supreme Court Gives D.C. Circuit High Marks for October 2011 Term

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

A Rendezvous with the D.C. Circuit Before Chief Justice Roberts Flees the Country

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

Obama Taps Two for D.C. Circuit

President Obama just nominated Srikanth “Sri” Srinivasan to the D.C. Circuit and renominated Caitlin Halligan, Charles Savage reports at the New York Times. 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

The D.C. Circuit Is Not “Ready to Throw in the Towel” on Oral Argument Recordings

Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia said on Tuesday that “he thought momentum was moving in support of recorded [appellate] proceedings,” Continue reading