Monthly Archives: January 2012

D.C. Circuit on Constitutional Standing: No Shortcuts Allowed

A class of United Airlines customers challenged the airline’s anti-scalping policy as an antitrust violation in Dominguez v. UAL Corp., and the district court granted summary judgment in favor of the airline. Continue reading


One in Three Supreme Court Clerks Has Clerked on the D.C. Circuit

More than one third of the Supreme Court clerks for October Term 2012 will be former D.C. Circuit clerks Continue reading

Justice Alito: 1; President Obama: 0

In his 2010 State of the Union Address, President Obama accused the Supreme Court’s decision in Citizens United of “open[ing] the floodgates for special interests–including foreign corporations–to spend without limit in our elections.” Continue reading

Supreme Court Could Reexamine the Scope of First Amendment Protection for Government Employees

[Update:  The Supreme Court denied cert in Bowie v. Maddox and Byrne v. Jackler on February 27, 2012. [PDF] (Hat Tip: SCOTUSblog)]

John Elwood reports at SCOTUSblog that the Supreme Court “appears to be holding Byrne v. Jackler, 11-517 . . . to consider it with Bowie v. Maddox, 11-670, in which the District of Columbia’s response is due January 30.” Continue reading

Title VII Appellant Prevails After Allegedly Superior Interviewee Flubs Her Deposition

If your excuse for passing over an experienced minority job applicant is the superior communication skills of the relatively inexperienced non-minority applicant you hired instead, make sure she doesn’t clam up at her deposition.   Continue reading

Cert Petition Challenges Guantanamo Case that Divided the D.C. Circuit

Benjamin Wittes at Lawfare reported on Friday the filing of a sealed and classified cert petition challenging the D.C. Circuit’s decision in Latif v. Obama.   Continue reading