Category Archives: National News

Weekend Review

On Friday the  Supreme Court granted cert in a Voting Rights Act case from the D.C. Circuit, Shelby County v. Holder.  The grant came three days after the general election and three years after the Supreme Court raised, in the words of Judge Tatel’s majority opinion, “serious questions about the continued constitutionality of section 5.” Continue reading

Judge Merrick Garland for Attorney General?

Judge Merrick Garland is frequently rumored to be a potential Supreme Court nominee.  But yesterday Politico floated him as “a potential contender” for two Executive branch jobs:   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

Cato Institute to TSA: Stop the Foot-dragging on Notice-and-Comment for Naked Body Scanners

The Cato Institute’s Jim Harper has announced a Whitehouse.org petition to make the Transportation Security Administration comply with the D.C. Circuit’s mandate in EPIC v. Department of Homeland Security [pdf].  It has been nearly a year since the court held that the so-called naked body scanners installed at airports do not violate the Fourth Amendment but ordered TSA to “promptly” cure its failure to conduct notice-and-comment rulemaking.   Continue reading

A Chink in the Armour of Rational Basis Review for Economic Regulations?

Chief Justice Roberts, in his dissent yesterday in Armour v. City of Indianapolis, Indiana raises unanswered questions about the future of the Court’s review of economic regulations. Continue reading

D.C. Circuit Fills in Some Blanks in Guantanamo Mad Libs Opinion

Today the D.C. Circuit released a more complete version of the opinions (searchable pdf) in a controversial Guantanamo habeas case currently before the Supreme Court on a cert petition. Continue reading

Could President Santorum Refuse to Enforce the Affordable Care Act?

In a short article in the New Yorker, Jeffrey Toobin takes issue with speculation by Judge Kavanaugh, in his dissent from the D.C. Circuit’s Affordable Care Act decision, that “the President might not enforce the individual mandate provision if the President concludes that enforcing it would be unconstitutional.” Continue reading