Tag Archives: Judge Janice Rogers Brown

Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc

Today the D.C. Circuit denied rehearing en banc in the Greenhouse Gas case.  No surprise there.  The panel decision upheld the EPA’s finding that carbon dioxide is a pollutant and upheld the agency’s regulation of CO2 emissions. The original panelists signed Chief Judge Sentelle’s opinion concurring in the denial of rehearing, and Judges Brown and Kavanaugh each dissented.  Today’s dissenters are always worth a read, and these offerings are no exception. Continue reading

How Will Today’s Election Change the D.C. Circuit?

The D.C. Circuit could lose one of its judges during the next presidential term if the President is called on to fill a Supreme Court vacancy.  Judge Merrick Garland is frequently named as a possible second term SCOTUS appointee for President Obama, and Judges Brett Kavanaugh and Janice Rogers Brown have both appeared on lists of possible Romney appointees in recent months.   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

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

A Chink in the Armour of Rational Basis Review for Economic Regulations?

Chief Justice Roberts, in his dissent yesterday in Armour v. City of Indianapolis, Indiana raises unanswered questions about the future of the Court’s review of economic regulations. Continue reading

Supreme Court to Consider Granting Guantanamo Cert Petition Next Week

[Update: The Supreme Court denied cert on June 11, 2012.]

The D.C. Circuit’s decision vacating the habeas grant in Latif v. Obama is back in the news. The Guantanamo detainee’s cert petition, which was yesterday’s “petition of the day” at SCOTUSblog, has been distributed for consideration at the Supreme Court’s May 17 conference, along with recently redacted, public versions of the Solicitor General’s response in opposition to cert (pdf) and Latif’s reply Continue reading

Judge Brown to Moderate Panel on Freedom of Assembly

Judge Brown will moderate a book forum on the freedom of assembly on May 8 at the American Enterprise Institute.  The panel includes John Inazu, author of Liberty’s Refuge: The Forgotten Freedom of Assembly and professor at Washington University Law School.  The other panelists are Continue reading