Tag Archives: Judge Merrick B. Garland

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

Five D.C. Circuit Judges Will Speak at Federalist Society Convention

The D.C. Circuit is showing up in force at the Federalist Society’s annual National Lawyers Convention today through Saturday at the Mayflower Hotel, three stops away from Judiciary Square on the Red Line.  Continue reading

Judge Merrick Garland for Attorney General?

Judge Merrick Garland is frequently rumored to be a potential Supreme Court nominee.  But yesterday Politico floated him as “a potential contender” for two Executive branch jobs:   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

Military Contractor’s Action-Packed Negligence Suit Blocked for Lack of Expert Testimony on Standard of Care

Judge Garland’s latest opinion has something for everyone: helicopters and horses, ambushes and duels, AK-47s and six-shooters, Afghanistan and the Old West, a barroom brawl and the Erie doctrine [pdf].  If that is not enough, the opinion’s star-studded cast features Gary Cooper, Allen Iverson, the Taliban, and a military contractor who was shot five times and lived to sue for negligence.

Spoiler alert:   Continue reading

One in Three Supreme Court Clerks Has Clerked on the D.C. Circuit

More than one third of the Supreme Court clerks for October Term 2012 will be former D.C. Circuit clerks Continue reading

Oral Argument Suggests D.C. Circuit Will Affirm Denial of Habeas to Guantanamo Detainee

The panel’s fact-based questioning in Friday’s oral argument in Suleiman v. Obama, No. 10-5292, “hint[ed] at a likely affirmance, grounded on the sufficiency of the evidence underlying [Judge] Walton’s factual findings,” wrote Wells C. Bennett at Lawfare. Suleiman’s counsel, Thomas Sullivan of Jenner & Block, argued that the AUMF does not give the Government detention authority over a Taliban member on the basis of his Taliban membership alone. Questions by Judge Griffith and Judge Garland suggested Suleiman forfeited this argument by failing to raise it in the district court, and the Government agreed with that assessment. Moreover, Judge Tatel‘s questioning pointed out that the district court’s decision to deny habeas was based not just on Taliban membership but on the court’s findings about Suleiman’s presence near the battlefield and in Taliban guesthouses.

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