Notice & Comment

D.C. Circuit Review – Reviewed: Non-Opinion Roundup

The D.C. Circuit issued two decisions this past week, both in criminal cases (one about challenging Armed Career Criminal Act sentences on collateral review and one reversing a conviction for a Brady violation). With arguments over for the term, and in lieu of any admin law decisions to discuss (though I expect the usual summer opinion deluge is imminent?), here’s a grab bag of a few non-opinion-related news items for the D.C. Circuit from the past few weeks:

In case you missed it (unlikely!), Judge Brad Garcia was confirmed as the Circuit’s newest judge.

The Supreme Court granted review in a second case from the D.C. Circuit for OT23 (joining Loper Bright, the potential Chevron blockbuster). That case is Carnahan v. Maloney, No. 22-425, which this blog predicted was “likely to prompt a cert petition.” It presents the question of “Whether individual Members of Congress have Article III standing to sue an executive agency to compel it to disclose information that the Members have requested under 5 U.S.C. 2954.”

And in legislative developments related to the D.C. Circuit: The Fiscal Responsibility Act (aka the debt ceiling deal) removes jurisdiction over most, if not all, claims related to the Mountain Valley Pipeline and channels whatever claims remain to the D.C. Circuit (rather than the Fourth). The D.C. Circuit just issued one of many decisions about the (thoroughly litigated) pipeline last week – perhaps its last, except for the perhaps inevitable future decision about the scope of whatever judicial review remains…

Until next week …

Print Friendly, PDF & Email