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The Latest Breaking News from the DC Circuit

Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review

The president has repeatedly argued that courts have no business deciding whether his actions are legal.

Reason

The DOJ Just Argued That 'Speed Is a Loophole': Move Fast Enough and the President Can 'Bulldoze' Even the Statue of Liberty

A federal appeals court is reviewing the legality of Trump's unauthorised White House ballroom project, questioning the limits of presidential power and the role of judicial oversight in landmark preservation.

International Business Times UK

Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It

The D.C. Circuit is reviewing an injunction issued by a judge who said "no statute comes close to giving the President the authority he claims to have."

Reason

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Will the Supreme Court Review Judge Newman's Stealth Impeachment?

The Court should grant cert on the important separation of powers issue raised by her long-running, allegedly "temporary suspension" from case assignments.

Reason

Solicitor General Asks Supreme Court to Eighty-Six Energy Conservation Rule

The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.

Reason

"Sotomayor Drops The Ball on Obamacare" And The Shadow Docket

A flashback to New Year's Eve 2013 in Chapter 15 of "Unraveled."

Reason

Reading the Clean Power Plan "Shadow Papers" in Context

More of what's been absent from discussions of the recently released Supreme Court memoranda, with commentary by Davis and Re.

Reason

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The Substance of the Clean Power Plan Memos

The Chief Justice reminds us why he was the best lawyer of his time.

Reason

Some Questions About The SCOTUS Leak On the Clean Power Plan Case

This story is only getting started.

Reason

Leaked Supreme Court Memos Reveal Why Court Stayed Clean Power Plan (Setting Important "Shadow Docket" Precedent in the Process)

A New York Times scoop reveals that Chief Justice Roberts was concerned that the EPA would (again) get away with imposing unlawful burdens on utilities.

Reason

Supreme Court returns Bannon contempt of Congress case to lower court

The Supreme Court sent Stephen Bannon’s contempt of Congress conviction back to lower courts Monday to address the Trump administration’s attempt to wipe out the case against the president’s former adviser. Bannon had appealed his conviction to the justices after both a federal trial judge and the U.S. Court of…

Roll Call

Would John Roberts Have Become Chief Justice If He Was Confirmed To The D.C. Circuit in 1992?

Roberts suspects that if he was confirmed to the D.C. Circuit at the age of 37, he probably "wouldn't have ended up" as Chief Justice.

Reason

Is Judge Pauline Newman Entitled to Her Day in Court?

Her cert petition to the Supreme Court presents the important jurisdictional question of whether the Judicial Disability Act bars all judicial review of a decision by her fellow judges to remove her from active service.

Reason

Virginia's Impending 'Assault Firearm' Ban Is Logically and Constitutionally Dubious

The ban, which targets guns based on criteria that make little sense, seems vulnerable to a challenge under the Supreme Court's Second Amendment precedents.

Reason

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Reason

A Conversation about the Endangerment Finding Rescission

A couple of lawyers and a couple of scribes discuss the legal challenges to come.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

An empty whiskey bottle, a rat in the crosshairs, and the nightmares of HR managers

Reason

Judicial Misconduct Complaint Against Judge Boasberg Dismissed

Judge Sutton concludes there was not much to the complaint submitted by the Department of Justice.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Sensitive places, reasonable arguments, and volcanic fiduciary relationships.

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Reason

Multi-Billion Dollar Corporation Drops Suit Against Inter-American Development Bank, After Court Holds It Can't Sue as "Doe Corporation"

The case helps illustrate why the legal rules surrounding when parties can litigate under pseudonyms are so important.

Reason

The New York Times's Latest Analysis of Trump Judges

The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" charge.

Roll Call

Lawmakers, Capitol Police still pursuing Trump in Jan. 6 lawsuits - Roll Call

The lawsuits face a critical test before a judge who is to decide just how much a president can do without anyone being allowed to sue him.

Reason

3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025

The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.

Reason

When Courts of Appeals Decide Issues Pending Before the Supreme Court

The practice is not consistent.

Reason

Legislative Vetoes for Independent Agencies

Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.

Reason

D.C. Circuit Upholds Energy Department Ban on Non-Condensing Furnaces and Water Heaters

After this decision, rescinding this Biden Administration rule may be more difficult.

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