The D. C. Circuit held no arguments and issued no opinions last week. While all await the decision of the panel in United States v. Donald Trump, No. 23-3228, whether former President Trump is immune from criminal liability for acts taken while president, (articles speculating about the timing can be found here and here), this […]

With apologies for allowing family celebrations to interfere with timely reporting, here is a brief review of the three decisions handed down by the D. C. Circuit last week. (If you were looking for such reporting last weekend, you are working too hard!) In United States v. Trump, No. 23-3190, Judge Millett, joined by Judges […]

The D. C. Circuit issued no opinions last week, but gathered en banc in the Ceremonial Courtroom of the U. S. Courthouse in D. C. on November 3 for the investiture of its newest member, Judge Bradley N. Garcia. I cannot report objectively on this matter because Judge Garcia clerked for me back-in-the day, which, as […]

For weeks during which the D. C. Circuit issues no opinions, some of the contributors to this forum have used the occasion to describe some aspect of the history, work, or culture of the D. C. Circuit. This is such a week because the D. C. Circuit issued no opinion, but it did meet for […]

When I served on the D. C. Circuit, the hoped-for deadline to issue opinions was three months after oral argument. That is a deadline I’m not certain that I ever met! Frequently late summer releases involve opinions that, for one reason or another, have proven vexing to write. Their releases are met with sighs of […]

After taking time off for its first judicial conference since COVID and to celebrate Independence Day, the D. C. Circuit issued a flurry of opinions last Friday that are hastily summarized here. In American Gas Public Gas Association v. Department of Energy (APGA II), No. 22-1107, the Court held for a second time that the […]

The D. C. Circuit issued four opinions this week. One involved an employment contract. Two were whistleblower appeals from the Tax Court. The fourth was from FERC.  In Wright v. Eugene & Agnes E. Meyer Foundation, No. 22-7004, a divided panel of the D.C. Circuit reversed the district court’s dismissal of claims arising out of […]

The D. C. Circuit issued only two opinions this week.  In Air Excursions LLC v. Yellen, No. 22-5125, the D.C. Circuit held that Air Excursions, LLC, a regional airline serving Alaska and the Pacific Northwest, had no “competitor standing” under Article III to challenge the Department of Treasury’s disbursement of $30 million in COVID-relief funds […]

When he was a member of the D. C. Circuit, then-Judge John Roberts commented on a unique feature of the court and a problem that presented: “[A]ll the D. C. Circuit judges are in the same building, along with all the district court judges. This allows the circuit judges the unique opportunity of sitting down […]

The D. C. Circuit released two decisions last week, both upholding challenged agency actions. The first involved the Nuclear Regulatory Commission; the other involved FERC. Public utilities must file with FERC all rates and charges and may not charge a rate that is not on file. Utilities must report their operational costs incurred so that […]

Last week the en banc D.C. Circuit issued a per curiam order denying rehearing in Citizens for Responsibility and Ethics in Washington v. Federal Election Commission (CREW II), 993 F.3d 880 (D.C. Cir. 2021), accompanied by a concurring opinion authored by Judge Rao (and joined by Judges Henderson, Katsas, and Walker), and a dissenting opinion […]

The D. C. Circuit issued only one decision this week. In Ohio Nuclear-Free Network v. Nuclear Regulatory Commission, the Court rejected a petition challenging the agency’s grant of a license to produce uranium for failure to prepare the analysis called for by the National Environmental Policy Act. In an opinion written by Judge Henderson (within […]

It’s hard to imagine the D. C. Circuit without Judge Larry Silberman. As has been noted by many since his passing last week he was a commanding presence, an iconic judge.  https://www.nytimes.com/2022/10/05/us/laurence-silberman-dead.html; https://www.washingtonpost.com/obituaries/2022/10/03/laurence-silberman-federal-appeals-judge/; https://www.yalejreg.com/nc/the-most-intimidating-judge-i-ever-met-reflections-on-judge-laurence-silberman/; https://www.wsj.com/articles/america-loses-a-judicial-giant-laurence-silberman-restraint-dc-circuit-constitution-judge-legacy-scalia-clerks-second-amendment-11664750990 I shall miss him. Before joining the D. C. Circuit I was in awe of Judge Silberman and his singular […]

The release of seven opinions this week brings to 41 the total number of opinions the D. C. Circuit issued in August. So much for taking off work for the summer!  If there is an organizing principle to this week’s opinions, it is too subtle for me to find. Kudos to Chief Judge Srinivasan, Judge […]

After a busy week last week—when the Court released ten cases—there was some speculation that the Court might take it easy this week. Not quite. The Court released nine more opinions, including seven administrative law cases, one of which involves a second-round loss for an agency. Two of the cases were direct criminal appeals. First, […]