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The Latest Breaking News from the DC Circuit

Trump's Ballroom Fight Could Make Courts Rethink 'National Security' Deference

Appealing to national security is not a "get-out-of-law-free card," a federal court ruled last week.

Reason

D.C. Circuit Upholds Injunction Against Trump's Ballroom

The Constitution assigns control of federal property to Congress, which never approved the president's demolition and replacement of the East Wing.

Reason

What Will The "Apolitical Proceduralist" Do With The East Wing Case?

Will Justice Barrett really find standing based on an "aesthetic" injury?

Reason

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US appeals court orders halt to Trump ballroom construction without congressional approval

The US Court of Appeals for the DC Circuit, which had allowed construction to continue while it considered the case, agreed with a lower court that such a massive White House overhaul required the explicit consent of Congress.

Euronews

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

Armed canvassers, extrajudicial killings, and guns on the metro.

Reason

What Happened to End Citizens United PAC v. FEC?

The D.C. Circuit reheard the case en banc over sixteen months ago, but there's still no opinion.

Reason

D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)

Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?

Reason

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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

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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Reason

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.

Roll Call

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…

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Reason

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

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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