Monthly Archives: March 2012

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


NLRB Can Ignore Its Own Manual in Certifying a Union Election

In Hard Rock Holdings, LLC v. NLRB, the D.C. Circuit held on Friday that because the National Labor Relation Board’s Casehandling Manual is merely “staff guidance, not binding procedure,” the Board’s certification of a union election may stand despite two violations of the Manual. Continue reading

Amicus Briefs Ask the Supreme Court To Hear the First Guantanamo Habeas Case Since Boumediene

At Lawfare, Raffaela Wakeman reports that amici filed two briefs yesterday in favor of cert in Latif v. Obama.   Continue reading

Does Oral Argument Matter?

Oral arguments “matter a great deal,” Senior Judge Raymond Randolph told the Federal Bar Association’s Section on Taxation earlier this month, as reported in Tax Notes Today (subscription required). Continue reading

Judge Harry Edwards Honored by National Black Law Students Association

NYU Law reported last week that Senior Judge Edwards was awarded the National Black Law Students Association’s A. Leon Higginbotham award at the Association’s 44th annual convention. 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