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The Latest Breaking News from DC Circuit

Computer Code Can Be Regulated Because of What It Does, Even If Not Because of What It Says

The D.C. Circuit rejects a First Amendment challenge to the Digital Millennium Copyright Act's anticircumvention and antitrafficking provisions.

Reason · Dec 7, 2022

Noah Feldman: The Supreme Court’s other conservative revolution

The conservative revolution at the U.S. Supreme Court has two prongs. One grabs headlines as the justices overturn long-established precedent on big-ticket issues like abortion, affirmative action and voting rights. The second is a less-noticed yet enormously ambitious transformation of the judiciary’s job. Put simply, the justices are placing themselves…

Tribune News Service · Dec 6, 2022

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason · Dec 3, 2022

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Let's Not Set Aside The Scholarly Debate About Vacatur

Sam Bray and John Harrison have moved an argument about equity from "off-the-wall" to "on-the-wall"

Reason · Dec 3, 2022

Vacatur and the Catron Principle

As Sam notes below, one notable feature of the vacatur arguments in US v. Texas was the strong resistance of former D.C. Circuit judges, arguing from their personal experience. Here's Chief Justice Roberts: I mean, this is a long -- that's what the D.C. Circuit and other courts of appeals…

Reason · Nov 30, 2022

Vacatur and United States v. Texas

Yesterday the Supreme Court heard argument in United States v. Texas. This case brings together standing, merits, and remedial issues of unusual complexity. Here are a few points of commentary on the vacatur question, about which there was a range of views on the Court, to put it mildly. One…

Reason · Nov 30, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Reason · Nov 25, 2022

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Supreme Court denies Trump bid to keep tax records from House - Roll Call

The Supreme Court cleared the way for the Ways and Means panel to get six years of former President Donald Trump’s tax returns from the IRS.

Roll Call · Nov 22, 2022

Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions

A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.

Reason · Nov 11, 2022

Trump asks Supreme Court to block disclosure of his tax returns

WASHINGTON — Former President Donald Trump has asked the U.S. Supreme Court to block a congressional committee from getting years of his tax returns.

Tribune News Service · Oct 31, 2022

Trump asks Supreme Court to block tax returns from House - Roll Call

Donald Trump urged the Supreme Court to keep his tax returns from the House Ways and Means Committee in an emergency request Monday, which sets up another high-profile decision about the former president.

Roll Call · Oct 31, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Bar crawls, backyard riots, and impersonating an officer.

Reason · Sep 16, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Torture, restraint chairs, public cavity searches, and the secret to eternal youth.

Reason · Sep 9, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason · Sep 2, 2022

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Reason · Aug 19, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason · Aug 10, 2022

D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law

It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.

Salon · Aug 10, 2022

Will Joe Manchin get his pipeline?

The agreement might not solve the Mountain Valley Pipeline’s biggest problem: compliance with environmental law

Tribune News Service · Aug 9, 2022

Appeals court sides with House in fight over Trump tax returns

WASHINGTON — The House Ways and Means Committee can use a federal law to gain access to the tax returns of former President Donald Trump, a federal appeals court in Washington ruled Tuesday.

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Roll Call · Aug 9, 2022

Appeals court sides with House in fight over Trump tax returns - Roll Call

Appeals court allows the House Ways and Means Committee to get Trump’s personal tax records from the Treasury Department.

Reason · Aug 5, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason · Jul 29, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason · Jul 25, 2022

West Virginia v. EPA: An Advisory Opinion?

Deciding the case might have been squarable with Article III, but not the way Court went about it.

Tribune News Service · Jul 21, 2022

Jonathan Bernstein: Judicial nominations are totally out of whack

The Senate on Tuesday evening confirmed U.S. District Court Judge Michelle Childs for seat on the DC Circuit Court of Appeals, generally considered the most important court in the nation other than the Supreme Court. Childs, and the circumstances of her nomination and confirmation, provide a good tour of how…

Reason · Jul 10, 2022

Chief Judge Srinivasan's Cursory Emoluments Clauses Analysis

After four years of contested litigation, the D.C. Circuit cursorily resolves the meaning of the Emoluments Clauses without any acknowledgment of contrary positions.

Roll Call · Jul 8, 2022

Appeals court lets House panel subpoena Trump financial records

The committee can get some of Donald Trump’s financial records it subpoenaed from accounting firm Mazars USA, an appeals court ruled Friday.

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