-
Recent Posts
- 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
Categories
- Blog Review (10)
- Law Review Review (14)
- News (94)
- Case News (51)
- Cert Watch (16)
- Oral Argument Report (7)
- Supreme Court Review (8)
- Court News (16)
- Judicial News (33)
- National News (9)
- Weekend Review (2)
- Case News (51)
- Case Analysis (44)
Archives
Tag Archives: Judge Judith W. Rogers
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
Posted in Case News, Cert Watch, National News, News, Weekend Review
Tagged 09-3094, 09-3120, 09-3137, 11-1113, 11-1184, 11-5256, 12-96 (S. Ct.), 679 F.3d 848, AEDPA, Clean Air Act, equitable tolling, Judge David S. Tatel, Judge Judith W. Rogers, Judge Stephen F. Williams, MVRA, restitution, Shelby County v. Holder, Voting Rights Act
D.C. Circuit Upholds EPA’s Greenhouse Gas Regulation
As predicted, the D.C. Circuit upheld yesterday the EPA’s finding that “greenhouse gas,” including carbon dioxide, is an “air pollutant” and the agency’s succeeding regulation of tailpipe emissions and stationary sources of greenhouse gas [pdf]. Continue reading
After 16 Years and 23 Published Opinions, D.C. Circuit Affirms Cobell Settlement
For an appellate panel whose decision will be known to posterity as Cobell XXIII, the prospect of preventing a two-dozenth published opinion must be tempting. (The district court was already describing this case in Jarndycian terms back in Cobell XX.) The D.C. Circuit yielded to the allure of finality yesterday when it upheld a $3.4 billion settlement in a class action brought 16 years ago by American Indians against the Secretary of the Interior for mismanagement of “Individual Indian Money” trust accounts. Continue reading
FDA May Get Burned by D.C. Circuit on Cigarette Warning Labels
Tuesday’s oral argument on the FDA’s proposed cigarette carton labels drew more attention than an ash tray in a D.C. restaurant. Continue reading
Supreme Court Could Decide Whether Retroactive Rulemaking Requires Express Statutory Authorization
[Update: The Supreme Court denied cert on Monday, November 7, 2011.]
At its conference tomorrow, the Supreme Court will consider whether to grant cert in a D.C. Circuit case only an admin lawyer could love: National Petrochemical & Refiners Ass’n v. EPA, No. 11-102 (S. Ct.). Continue reading
Supreme Court Shows Interest in D.C. Circuit’s Torture Victim Protection Act Opinion
After its “long conference,” the Supreme Court relisted Mohamad v. Rajoub, No. 11-88 (S. Ct.) [Mohamad v. Rajoub, No. 09-7109 (D.C. Cir. Mar. 18, 2011) (Ginsburg, J., joined by Tatel & Garland, JJ.)] for reconsideration of the cert petition at a future conference. Continue reading
