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The Latest Breaking News from the DC Circuit

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

A recent website "upgrade" is not an improvement.

Reason

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

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

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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

Appeals court to hear TikTok challenge to law requiring app sale - Roll Call

A federal appeals court will hear oral arguments Monday in TikTok’s challenge to a law requiring a sale or ban of the app in the U.S.

Roll Call

SCOTUS already slowing climate progress

Supreme Court rulings limiting federal authority have upended the legal landscape — and could hamper climate action

Salon

Senator Schumer Goes Nuclear With "No King Act"

The law would direct lower courts how to reject claims of presidential immunity, and strip SCOTUS of appellate review.

Reason

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Banana Splits

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

House backs Bannon in contempt of Congress appeal - Roll Call

The House filed a brief Monday to back the appeal of Trump ally Steve Bannon on contempt of Congress convictions.

Roll Call

Supreme Court denies Steve Bannon bid to remain out of prison - Roll Call

The Supreme Court on Friday denied Steve Bannon’s request to stay out of prison while he appeals two convictions for contempt of Congress.

Roll Call

SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)

In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency

Reason

Bannon asks Supreme Court to keep him out of prison - Roll Call

Former Trump adviser Steve Bannon asked the Supreme Court to allow him to remain free as he appeals his convictions for contempt of Congress.

Roll Call

Bannon makes emergency appeal to stay out of prison - Roll Call

Former Trump adviser Steve Bannon asked a federal court to let him stay out of prison while he appeals his contempt of Congress convictions.

Roll Call

FCC Amends Foreign Sponsorship ID Rules

In response to a court ruling vacating some regulations, the FCC has amended and clarified rules that were designed to prevent foreign influence on U.S. elections

TV Tech

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Reason

SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity

Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."

Salon

Expert: SCOTUS already "helped Trump"

Trump lawyers' arguments "aren't very good" and their briefs are "worse" but SCOTUS already did him a favor

Reason

Special Counsel Jack Smith Lacks Standing to Defend the D.C. Circuit's ruling on Presidential Immunity in the Supreme Court

Defendant standing must exist at all stages of any litigation and must be raised by the justices of the Supreme Court even if the litigants themselves fail to raise it

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Reason

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.

Salon

Trump gave SCOTUS an "out" to delay case

Trump filing gives Supreme Court a "backup" way to aid him even if justices rule against absolute immunity

Roll Call

Republicans criticize Trump prosecution in Supreme Court case - Roll Call

Donald Trump on Tuesday got backing of Republicans in his Supreme Court bid to halt criminal charges in Washington.

Roll Call

Former Trump adviser Navarro ordered to report to prison March 19 - Roll Call

A federal jury convicted Navarro on two counts of contempt of Congress following a jury trial in September.

Reason

The Supreme Court's Grant in Trump v. U.S. (UPDATED)

The justices reframed the question presented in the case and expedited its consideration.

Reason

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.

WEKU

Supreme Court will hear challenge to EPA's 'good neighbor' rule that limits pollution

The justices will consider whether to hit pause on a federal rule designed to reduce air pollution that drifts across states and can cause health troubles.

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