Tag Archives: Judge David S. Tatel

What “Withering Scrutiny”? Greenhouse on Judge Kavanaugh on Voting Rights

In the New York Times Opinionator blog, Linda Greenhouse tries to tease out tension between dicta by Chief Justice Roberts and dicta by Judge Kavanaugh that she suggests could influence the outcome of Shelby County v. Holder, the Voting Rights Act case in which the Supreme Court recently granted cert:  Continue reading

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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

Judge Tatel to Share Spotlight with Justice Sotomayor at Public Service Conference

Judge Tatel will lead a conversation in October with Justice Sonia Sotomayor about her career in public service.   Continue reading

Divided D.C. Circuit Rejects Airlines’ First Amendment Challenge Based on Agency’s Interpretation of its Own Rule

In Spirit Airlines v. Department of Transportation, a D.C. Circuit panel with the unlikely split of Judges Tatel and Henderson in the majority and Judge Randolph in dissent, engages in two parallel debates.  The first is constitutional, and the second is over the proper tools of judicial decisionmaking.   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

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