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The Latest Breaking News from DC Circuit

If The Courts Want Their Orders To Be Followed, The Courts Must Issue Orders That Can Be Followed

Federal judges are walking on thin ice by issuing unappealable TROs and failing to stay their rulings.

Reason · Feb 27, 2025

How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

Reason · Feb 19, 2025

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason · Feb 19, 2025

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Trump Administration Appeals Special Counsel Case to SCOTUS—No, Not The Jack Smith Case.

There are two sides to the constitutional crisis coin: if the president seeks a timely appeal, courts should consider those appeals in a timely fashion.

Reason · Feb 16, 2025

Did the Truman Administration Disobey A Federal District Court Injunction In Youngstown?

The District Court injunction did not stay its ruling, but the Court of appeals did shortly thereafter.

Reason · Feb 13, 2025

Fate unclear for White House environmental quality office - Roll Call

The future of the White House Council on Environmental Quality, established in 1970, is uncertain in the Trump administration.

Roll Call · Feb 10, 2025

D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations

A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree?

Reason · Jan 31, 2025

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Short Circuit: A Roundup of Recent Federal Court Decisions

Right whales, premium cigars, and tax evasion.

Reason · Jan 31, 2025

D.C. Circuit Website Update

There's now a basic search feature for opinions.

Reason · Jan 29, 2025

FERC Not Required to "Second Guess" State Energy Choices Under NEPA

The D.C. Circuit adopts a suitably constrained view of FERC's legal obligations when conducting environmental impact assessments.

Reason · Jan 8, 2025

Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux

A good example of why the D.C. Circuit's website upgrade was actually a step backwards.

Reason · Jan 7, 2025

Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text

The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.

Reason · Jan 2, 2025

Trump Urges Stay of S. Ct. Proceedings in TikTok Case, Delay of Statutory Effective Date

From Trump's just-filed friend-of-the-court brief in the TikTok divestment case: Introduction and Interest of Amicus Curiae … Amicus curiae President Donald J.… The post Trump Urges Stay of S. Ct. Proceedings in TikTok Case, Delay of Statutory Effective Date appeared first on Reason.com.

Reason · Dec 28, 2024

This ballot measure could end super PACs

Maine's Question 1 limits the amount a person or group can donate to super PACs to $5,000

Salon · Dec 27, 2024

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Reason · Dec 18, 2024

Odds Are Against TikTok at the Supreme Court

It seems unlikely that five Justices will buy TikTok's First Amendment arguments when neither Judge Douglas Ginsburg nor Judge Neomi Rao nor Chief Judge Sri Srinivasan did so.

Reason · Dec 18, 2024

Tick, Tock Goes the SCOTUS Clock

The timing of TikTok v. Garland.

Reason · Dec 13, 2024

Is Judge Newman Entitled to Her Day in Court to Challenge Her "Stealth Impeachment"?

Other former judges and I have just filed an amicus brief in the D.C. Circuit, making the case that the federal courts should consider Judge Newman's challenge to being effectively removed from her position on the Federal Circuit in violation of her constitutional rights.

Roll Call · Dec 10, 2024

Supreme Court sounds ready to curb environmental impact reviews - Roll Call

The Supreme Court appeared open during oral arguments Tuesday to limiting the scope of environmental review from federal agencies.

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Reason · Nov 27, 2024

Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention

"Applying the Text and History Methodology to Looming Second Amendment Battles After Rahimi" was the topic of a session on… The post Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention appeared first on Reason.com.

Reason · Nov 24, 2024

DC Circuit Finds Some FINRA Authority Violates Private Nondelegation Doctrine

The private nondelegation doctrine is getting an increasing amount of attention from the courts.

Reason · Oct 30, 2024

Why Has the D.C. Circuit Made It More Difficult to Find Opinions?

A recent website "upgrade" is not an improvement.

Reason · Oct 21, 2024

Supreme Court to Tackle Who Can Sue Agencies Where and for What

With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.

Reason · Oct 18, 2024

D.C. Circuit Grants En Banc Review to Consider Reviewability of FEC Enforcement Discretion

It appears that a majority of judges on the D.C. Circuit believe it should be easier to seek judicial review of Federal Elections Commission non-enforcement decisions.

Reason · Oct 17, 2024

Supreme Court Refuses to Stay Biden EPA Power Plant Rule

Some were surprised by the Supreme Court's action, but they should not have been.

Reason · Oct 11, 2024

Short Circuit: A Roundup of Recent Federal Court Decisions

Abusive speech, criminal rioting, and Bellamy salutes.

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