Tag Archives: Chief Judge David B. Sentelle

Chief Judge Sentelle to Take Senior Status

Chief Judge David Sentelle will be taking senior status on February 12, 2013, according to the U.S. Courts website.  Todd Ruger reports that the next judge in line to be Chief is Continue reading

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“‘You never know’ is no substitute for substantial evidence”: D.C. Circuit Vacates NLRB’s Finding that Union’s Overtures Broke Bargaining Impasse

Today the D.C. Circuit vacated the National Labor Relations Board’s decision that an employer unlawfully refused to bargain with a union before its employees decertified the union’s representation. Noting the court’s obligation to “examine carefully both the Board’s findings and its reasoning,” Chief Judge Sentelle concluded that “the record evidence not only does not support the Board’s finding, but uniformly supports [the employer’s] position” that the parties were at an impasse. Continue reading

Does Tobacco Companies’ RICO Loss Presage First Amendment Victory?

[Update: Yes.]

Tobacco lawyers looking for a silver lining in their double loss in the D.C. Circuit on Friday may find it in the first paragraph of Judge Brown’s opinion affirming the denial of their motion to vacate an order enjoining future false statements about the health effects of cigarettes and requiring the companies to issue “corrective statements.” Continue reading

A Rendezvous with the D.C. Circuit Before Chief Justice Roberts Flees the Country

Chief Justice Roberts addressed the D.C. Circuit’s bench and bar in his first public remarks since he dropped the Health Care Cases bombshell on Thursday, reports Joe Mandak for the Associated Press. Roberts, a former D.C. Circuit Judge, was the guest of honor at the D.C. Circuit Judicial Conference the day after he announced the decision upholding most of the Affordable Care Act.

Although he dodged a question about how “one recent opinion might fit into” the Court’s legacy, the Chief Justice did allude to his largely unexpected decision to uphold most of the Affordable Care Act.   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

Panel’s Half-Hearted Enforcement of NLRB’s Union Certification Casts Doubt on Key Precedent

On Friday, a panel of the D.C. Circuit unanimously upheld the National Labor Relation Board’s certification of a union election despite grave misgivings about the judicial and agency precedent the court was forced to apply [pdf].   Continue reading

No Deference for SEC’s “Vague and Indecisive” Interpretation of its Own Rule

On Tuesday, the D.C. Circuit in Rapoport v. SEC [pdf] cited the rule that a reviewing court defers to an agency’s interpretation of its own rules, but Chief Judge Sentelle’s unanimous opinion illustrates why this Auer deference has been called into question by the author of Auer and why, three days ago, a majority of the Supreme Court voiced the same concerns. Continue reading