The D.C. Circuit decided two cases last week, National Association of Realtors v. United States, and Hikvision USA, Inc. v. FCC. In National Association of Realtors, appellee—a trade association for the real-estate industry—sought to set aside a subpoena issued by DOJ’s Antitrust Division after the Division closed and then reopened an investigation into some of […]
Last week the D.C. Circuit decided just one case on a relatively narrow issue. In a short nine-page opinion in Abreu v. Howard University, the panel (Wilkins, Katsas, Rogers) held that the same three-year statute of limitations that applies (at least in the District of Columbia) to civil rights claims under Title VI of the […]
The D.C. Circuit issued three opinions last week, one about interlocutory appeals, another what constitutes a “labor organization” under the NLRA, and a third FERC case. One interesting development is that the D.C. Circuit recognized another class of immediately appealable orders under the “collateral order doctrine.” The normal rule is that only decisions that “trigger […]
Last week, the D.C. Circuit issued one holdover opinion in Blassingame v. Trump. The panel (Srinivasan, Katsas, Rogers) originally heard argument in December 2022. In Blassingame, the panel confronted the question whether former President Trump was “absolutely immune” from a suit for damages for actions leading up to and on January 6. Chief Judge Srinivasan’s […]
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, […]