Category Archives: Case News

Failed Motion for Summary Judgment Preserves Purely Legal Issue for Appeal

To preserve a purely legal question for appeal, a party need not move for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure, if she has already moved for and lost summary judgment on the issue.   Continue reading

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Judge Robertson Attacks D.C. Circuit’s Guantanamo Jurisprudence

The Constitution Project has posted a transcript of a panel discussion it hosted last week on “Boumediene‘s Legacy and the Fate of Guantanamo Detainees.”   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

Divided Panel OKs Retaliation Suit for Security Risk Reporting (Again) Over Call for Full Court Rehearing

After the unusual decision to grant panel rehearing in September, a divided D.C. Circuit panel issued a second set of opinions in Rattigan v. Holder [pdf].  But the original separation of powers disagreement proved intractable, and both sides ended up close to where they started.   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

Who Authored the Per Curiam Greenhouse Gas Opinion?

A panel may choose to publish an opinion per curiam rather than under a single judicial author’s name for more than one reason. Continue reading

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