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The Latest Breaking News from the DC Circuit

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

D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court

Yet another federal circuit court of appeals rejects energy company removal claims.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Gag orders, sleeper berths, and a prosecutor's "dodgy side hustle."

Reason

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Supreme Court to decide issue tied to hundreds of Jan. 6 cases - Roll Call

The Supreme Court accepted a case Wednesday that could affect hundreds of prosecutions tied to the Jan. 6, 2021, attack on the Capitol.

Roll Call

Ken Paxton names administrative law expert with conservative bona fides Texas’ solicitor general

Aaron Nielson will take a one-year leave of absence from BYU’s law school to lead the influential unit within the attorney general’s office.

The Texas Tribune

Court: Trump lawyer not a member of bar

"Our rules do not allow us to accept filings from attorneys who are not members," a court clerk told John Lauro

Salon

35 Years Ago, a Judge Said Marijuana Did Not Belong in Schedule I. HHS Finally Agrees.

The 1988 case highlighted the DEA's stubborn insistence that marijuana has no "accepted medical use."

Reason

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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

2 Reasons It's Not Clear That Trump 'Corruptly' Obstructed an Official Proceeding

Appeals in the January 6 cases raise serious questions about how broadly the statute should be applied.

Reason

Trump’s lingering appeal over Pence’s Jan. 6 testimony dismissed

WASHINGTON — A federal appeals court tossed out what remained of Donald Trump’s unsuccessful legal fight to stop his former vice president-turned-rival Mike Pence from testifying about efforts to overturn the 2020 election.

Tribune News Service

D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park

Applying settled precedent, the court bars a Bivens action, but Judge Walker suggests a possilble alternative.

Reason

Judge Dave Retires from the Bench

The Honorable David B. Sentelle has heard his last case.

Reason

The debt ceiling deal bulldozes a controversial pipeline's path through the courts

The Mountain Valley Pipeline got an extraordinary boost in the debt ceiling deal. Court challenges have stalled the controversial natural gas pipeline stretching from West Virginia to North Carolina.

WEKU

Senate confirms Bradley N. Garcia to appeals court in DC - Roll Call

The Senate is expected Monday to confirm Bradley N. Garcia to the U.S. Court of Appeals for the District of Columbia Circuit.

Roll Call

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Reason

Supreme Court to Consider Whether Members of Congress Have Article III Standing to Sue Federal Agencies

The Supreme Court has accepted certiorari in Carnahan v. Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration.

Broadcasting & Cable

Court Denies Appeal To Force FCC Decision on Standard General-Tegna Deal

Ruling appears likely to kill $8.6 billion station-group acquisition

Tribune News Service

Trump appeals ruling that Pence has to testify to Jan. 6 grand jury

WASHINGTON — Donald Trump is appealing a court decision that would require former Vice President Mike Pence to appear before a federal grand jury investigating efforts to undermine the 2020 presidential election, according to a person familiar with the matter.

Tribune News Service

Trump urges court to uphold his absolute immunity claim in Jan. 6 lawsuits

WASHINGTON — Donald Trump urged a federal appeals court to disregard the Justice Department’s decision to reject his claim of absolute immunity against civil lawsuits seeking to hold the former president responsible for the Jan. 6 U.S. Capitol attack.

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Tribune News Service

Trump’s attorney ordered to turn over documents to special counsel

WASHINGTON — A federal appeals court has ordered Donald Trump’s attorney to turn over documents to U.S. prosecutors in connection with an investigation into whether classified information was mishandled after the former president left the White House.

Reason

D.C. Circuit Reverses District Court for the Third Time in a Single Case

Somehow a district court has made erroneous rulings three times in one case, and still has not reached the merits.

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