Tag Archives: Judge Karen LeCraft Henderson

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

Trump Casino Wins Partial Victory Against NLRB and Card Dealers’ Union

Photo credit: banspy

The D.C. Circuit vacated the National Labor Relation Board’s decision that Trump Plaza Hotel and Casino had unlawfully refused to bargain with the union that purports to represent the Casino’s card dealers. Continue reading

Embryonic Stem Cell Research Appeal Spawns Law-of-the-Case Debate

Lawyers on both sides in today’s embryonic stem cell research argument before the D.C. Circuit left the argument feeling optimistic, according to Merideth Wadman at the Nature News Blog.  Wadman reports that the panel focused on Continue reading

Cert Petition Challenges Guantanamo Case that Divided the D.C. Circuit

Benjamin Wittes at Lawfare reported on Friday the filing of a sealed and classified cert petition challenging the D.C. Circuit’s decision in Latif v. Obama.   Continue reading

“Think of them as Mad Libs, Gitmo edition.”

In today’s New York Times, Adam Liptak writes:

Recent opinions from the United States Court of Appeals for the District of Columbia Circuit are studded with redactions that call to mind the zany game, the one where players fill in blanks in little stories, sometimes to absurd effect. Continue reading

Embryonic Stem Cell Research Panel Has a History with the Case

The D.C. Circuit panel that will decide whether the federal government may fund embryonic stem cell research includes two judges who have decided prior appeals in favor of the challengers. Continue reading

Embryonic Stem Cell Research Foes File Appeal

Opponents of federal funding for embryonic stem cell research filed an appeal today in the D.C. Circuit from the district court’s decision dismissing their suit. A prior district court decision granted a preliminary injunction against HHS. But after a divided panel of the D.C. Circuit vacated the injunction on the ground that the plaintiffs were not likely to prevail, the district court (Chief Judge Lamberth) held that embryonic stem cell research is not unambiguously the sort of “research in which a human embryo or embryos are destroyed,” for which the Dickey-Wicker Amendment bars appropriations. Judge Henderson‘s dissent in the D.C. Circuit argued that her colleague’s argument involved “linguistic jujitsu,” but the district court concluded the majority’s “reasoning and conclusions” compelled a ruling for HHS on the merits.

Sherley v. Sebelius, No. 10-5287

(Hat tip: Michelle Olsen @AppellateDaily)