Last Friday, the D.C. Circuit issued its decision in Alpine Securities Corp. v. FINRA, No. 23-5129, a closely-watched case about the authority of the Financial Industry Regulatory Authority (“FINRA”), a private corporation that regulates and oversees large parts of the securities industry. The case raised significant questions about whether FINRA exercises too much executive authority […]
Last week, the D. C. Circuit issued only one opinion from a case argued last February. In Campaign Legal Ctr. v. 45Committee, Inc., No. 23-7040, Chief Judge Srinivasan, joined by Judge Childs and Senior Judge Randolph, affirmed the district court’s dismissal of a citizen suit brought under the Federal Election Campaign Act (“FECA”). Under FECA, […]
One of my go-to resources for trying to stay abreast of developments in constitutional law is the National Constitution Center and especially its podcast, We, the People. Under the inspired and able direction of Jeff Rosen, its president and CEO (and former D. C. Circuit clerk), the Center consistently produces excellent materials on the history […]
An internal rule of the D.C. Circuit encourages the circulation among the panel of all opinions for the previous term by August 15 of each year. Which means that July and early August can be stressful times in chambers. They certainly were in mine because, try as I might, I never mastered the skill of […]
My former colleague and good friend Judge David Tatel has been in the headlines of late with the release of his memoir, Vision: A Memoir of Blindness and Justice. The articles about the book that I have read have, predictably, focused on Judge Tatel’s criticism of the Roberts Court. See, e.g., Ann Marimow’s article in […]
While all eyes and ears were on the oral arguments before the Supreme Court in Trump v. United States, No. 23-939, the D. C. Circuit’s landmark decision regarding presidential immunity, the court went about its normal business, issuing three opinions on matters less grand but important nonetheless. The Federal Service Labor-Management Relations Statute authorizes aggrieved […]
The D. C. Circuit handed down only one opinion this past week. On Tuesday, the court issued its opinion in Samark Lopez Bello v. Andrea Gacki, No. 23-5036, written by Judge Henderson and joined by Chief Judge Srinivasan and Senior Judge Randolph. The court affirmed a decision of the Office of Foreign Assets Control (OFAC), a part […]
The D. C. Circuit held no arguments and issued no opinions last week. While all await the decision of the panel in United States v. Donald Trump, No. 23-3228, whether former President Trump is immune from criminal liability for acts taken while president, (articles speculating about the timing can be found here and here), this […]
With apologies for allowing family celebrations to interfere with timely reporting, here is a brief review of the three decisions handed down by the D. C. Circuit last week. (If you were looking for such reporting last weekend, you are working too hard!) In United States v. Trump, No. 23-3190, Judge Millett, joined by Judges […]
The D. C. Circuit issued no opinions last week, but gathered en banc in the Ceremonial Courtroom of the U. S. Courthouse in D. C. on November 3 for the investiture of its newest member, Judge Bradley N. Garcia. I cannot report objectively on this matter because Judge Garcia clerked for me back-in-the day, which, as […]
For weeks during which the D. C. Circuit issues no opinions, some of the contributors to this forum have used the occasion to describe some aspect of the history, work, or culture of the D. C. Circuit. This is such a week because the D. C. Circuit issued no opinion, but it did meet for […]
When I served on the D. C. Circuit, the hoped-for deadline to issue opinions was three months after oral argument. That is a deadline I’m not certain that I ever met! Frequently late summer releases involve opinions that, for one reason or another, have proven vexing to write. Their releases are met with sighs of […]
After taking time off for its first judicial conference since COVID and to celebrate Independence Day, the D. C. Circuit issued a flurry of opinions last Friday that are hastily summarized here. In American Gas Public Gas Association v. Department of Energy (APGA II), No. 22-1107, the Court held for a second time that the […]
The D. C. Circuit issued four opinions this week. One involved an employment contract. Two were whistleblower appeals from the Tax Court. The fourth was from FERC. In Wright v. Eugene & Agnes E. Meyer Foundation, No. 22-7004, a divided panel of the D.C. Circuit reversed the district court’s dismissal of claims arising out of […]
The D. C. Circuit issued only two opinions this week. In Air Excursions LLC v. Yellen, No. 22-5125, the D.C. Circuit held that Air Excursions, LLC, a regional airline serving Alaska and the Pacific Northwest, had no “competitor standing” under Article III to challenge the Department of Treasury’s disbursement of $30 million in COVID-relief funds […]