The D.C. Circuit issued one opinion last week in United States v. Robertson. The case was argued on May 11, so the decision is apparently a rare holdover from last term, but it is no surprise that the 45-page majority (Pan, joined by Pillard) and 34-page dissent (Henderson) spilled over into the 2023 term. Robertson […]
The D.C. Circuit issued nine (!) opinions last week, including cases involving selective prosecution under § 1983, the sentencing of a January 6 defendant, and . . . another FERC case. Frederick Douglass Foundation, Inc. v. DC (Wilkins [concurring in judgment], Rao, Childs): Appellant alleges that the District of Columbia violated the First and Fifth Amendment […]
The D.C. Circuit was busy again this week, issuing eight unanimous opinions. The court is presumably eager to wrap up its opinions from last Term before the next one begins in September. Nothing groundbreaking, but a few interesting issues: Cox v. Kijakazi (Srinivasan, Millett, Childs): This case concerns appellant’s application for Supplemental Security Income based […]
Many of the judges on the D.C. Circuit were busy last week with law clerk hiring. The “hiring plan” allowed rising 3Ls to submit their applications at noon last Monday and allowed judges to contact them at noon on Tuesday. For those interested, our own Aaron Nielson has evaluated the costs and benefits of the […]
The D.C. Circuit issued four opinions last week. 1. I.M. v. United States Customs and Border Protection should be of interest to immigration lawyers in particular. The court (Rao, Walker, Ginsburg) held that an alien who has been removed from the United States cannot challenge that removal order in a habeas proceeding, because such proceedings […]
Last week the D.C. Circuit issued United States v. Otunyo, in which the panel (Rao, Walker, Ginsburg) affirmed the conviction of appellant Otunyo for bank fraud, aggravated identity theft, and conspiracy to launder money, for which he was sentenced to 90 months’ imprisonment. Otunyo’s lead argument was that Kastigar v. United States precluded the government […]
The D.C. Circuit issued four opinions last week, and the lesson is to remember to file in the right place at the right time. The first opinion concerns a private right of action under the Rehabilitation Act, and the remaining three each rejects the respective appellants’ claims as filed too late, too early, in the […]
The D.C. Circuit opened 2023 with what could turn out to be the slowest week of the year. The court issued no opinions. It heard no oral arguments. And it issued only two brief unpublished judgments. I don’t begrudge the judges, clerks, and court staff their rest. But I must say it would’ve been helpful, […]