Notice & Comment

Author: Garrett West

Notice & Comment

D.C. Circuit Review – Reviewed:  selective prosecution under § 1983, January 6 sentencings, and more.

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 […]

Notice & Comment

D.C. Circuit Review – Reviewed: disability law, a successful A&C challenge, and the reopening doctrine

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 […]

Notice & Comment

D.C. Circuit Review – Immigration, the Safe Drinking Water Act, sovereign immunity, and military commissions

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 […]