The D.C. Circuit issued three opinions last week, one about interlocutory appeals, another what constitutes a “labor organization” under the NLRA, and a third FERC case. One interesting development is that the D.C. Circuit recognized another class of immediately appealable orders under the “collateral order doctrine.” The normal rule is that only decisions that “trigger […]
The D.C. Circuit rung in the new year with three opinions. Two were administrative law opinions and one dealt with criminal law. For administrative lawyers, the first week of the new year brought no new law but rather straightforward applications of precedent concerning the FEC and FERC. In Campaign Legal Center v. FEC, the D.C. […]
As you might expect for a holiday week, the D.C. Cir. had a slow week the last week of 2023, handing down just one opinion certifying a question of D.C. tort law to the D.C. Court of Appeals. The first week of the new year looks to be quiet, too, but activity picks up quite […]
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 […]
Belatedly, here are the summaries of last week’s decisions. Yesterday’s unsealed opinion in United States v. Trump will await a future post. Both decisions from last week come in lawsuits against Attorney General Garland relating to matters that have been in the news. The first, Langeman v. Garland, concerns the FBI’s decision to terminate Michael […]
Last week, the D.C. Circuit issued one holdover opinion in Blassingame v. Trump. The panel (Srinivasan, Katsas, Rogers) originally heard argument in December 2022. In Blassingame, the panel confronted the question whether former President Trump was “absolutely immune” from a suit for damages for actions leading up to and on January 6. Chief Judge Srinivasan’s […]
The D.C. Circuit did not publish any opinions for the week of November 20th. There were, however, oral arguments in United States v. Trump, which has been widely covered in the news media, United States v. Kerrick, a criminal sentencing case, and National Security Archive v. CIA, which concerns access to government records and involved […]
We’re still in the quiet period of the term, with just one opinion issued this past week. It’s another holdover from last term (argued over a year ago). I believe there has been only one published opinion released so far for cases actually argued this term – a decision in an NLRB case about bargaining […]
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 […]
The D.C. Circuit didn’t release any opinions during the week of October 23–27. Since there weren’t any opinions to recap, I thought I would highlight one of my favorite passages from the Federalist No. 1, which was published 236 years ago on October 27, 1787. In that paper, Alexander Hamilton recognized that the Constitution would […]
The D.C. Circuit issued one opinion last week in United States v. Robertson. The case was argued on May 11, so the decision is apparently a rare holdover from last term, but it is no surprise that the 45-page majority (Pan, joined by Pillard) and 34-page dissent (Henderson) spilled over into the 2023 term. Robertson […]
It was a pretty quiet week at the D.C. Circuit this past week. No opinions (which is fairly typical for early fall), and not many arguments. Two days of sittings, three cases each, and only two of them were squarely in the admin law lane (three if you include a FOIA case). Which got me […]
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 […]
Last week was a quiet one at the D.C. Circuit. No new opinions at all, but the Court corrected an opinion it issued in July. Hyland Hunt provides a thorough summary of the decision, Advanced Energy United v. FERC, here. Among other things, the Court held that petitioners’ rehearing petition was untimely. In doing so, […]
Last week, the D.C. Circuit issued two administrative-law opinions and unsealed an opinion regarding the FBI’s investigation into Representative Scott Perry’s cell phone. You can find the unsealed opinion here and summaries of the administrative-law opinions below. In American Society for Testing and Materials v. Public.Resource.Org, Inc., the D.C. Circuit considered how the Copyright Act […]