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The Latest Breaking News from DC Circuit

SCOTUS: Unexplained Stays For Me, But Not For Thee

In the Trump immunity case, SCOTUS effectively granted a stay without considering the likelihood of success on the merits.

Reason

Supreme Court denies Navarro bid to delay start of prison sentence - Roll Call

The Supreme Court rejected Trump adviser Peter Navarro's effort to stay out of prison while he appeals conviction for contempt of Congress.

Roll Call

4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case

His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.

Reason

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Trump asks Supreme Court for more time to appeal immunity ruling - Roll Call

Donald Trump asked the Supreme Court on Monday to freeze the federal charges tied to his effort to overturn the 2020 election.

Roll Call

Trump federal trial could happen soon

How the D.C. circuit's rejection of Trump's immunity claim opens the door to an early federal trial

Salon

Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity

The case raises an issue of high importance and the opinion may contain some loose reasoning.

Reason

D.C. Circuit Seems Skeptical of Trump's Alarmingly Broad Presidential Immunity Claim

As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.

Reason

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Appeals court skeptical of Trump immunity arguments - Roll Call

A federal appeals court in Washington sounded unlikely Tuesday to side with Donald Trump’s push to jettison federal criminal charges.

Roll Call

Short Circuit: A Roundup of Recent Federal Court Decisions

Gross, degrading, and deeply concerning.

Reason

Prof: SCOTUS ruling "bad news for Trump"

Supreme Court decision indicates "there’s really no reason for their involvement because this is not a close call"

Salon

Jack Smith Lacks Standing to File in the Supreme Court Because He is Only a Private Citizen

The Justices must sua sponte address Jack Smith's lack of standing.

Reason

Appeals court rejects Trump push to dismiss Jan. 6 suits from lawmakers, police - Roll Call

Donald Trump’s status as president at the time doesn't protect him from civil lawsuits connected to the attack on the Capitol, a court said.

Roll Call

Short Circuit: A Roundup of Recent Federal Court Decisions

Prayer trails, controlled burns, and copyrighted law.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Detroit's forfeiture machine, major nuclear questions, and copyrightable materials.

Reason

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Reason

Another Appeals Court Accuses the FDA of Committing "Surprise Switcheroo"

The U.S. Court of Appeals for the D.C. Circuit takes issue with how the FDA evaluated Fontem's unflavored vaping products.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Volatile behavior, boorish flirtation, insufficient collegiality.

Reason

Justice Kagan: Affirmative Action Suggests that Beneficiaries Could Not be Accepted Based on Merit Alone

OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. Relatedly, my former colleague (now DC…

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Deposition misconduct, grumpy interrogatories, and protesting the Lawyers' Mall.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Vaccinated jurors, a parking monopoly, and plant-based meat.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

Reason

On Universal Vacatur, the Supreme Court, and the D.C. Circuit

Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.

Reason

D.C. Circuit Refuses to Order Archivist to Certify Ratification of Equal Rights Amendment

From today's D.C. Circuit opinion in Illinois v. Ferriero, written by Judge David Wilkins and joined by Judges Neomi Rao and Michelle Childs: The States of Illinois and Nevada … filed this mandamus action in the district court, seeking to compel the Archivist of the United States to certify and…

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