The D.C. Circuit published two opinions last week. Page v. Comey addressed an already-reported on lawsuit in which Carter Page, an advisor to Donald Trump’s 2016 presidential campaign, alleged that the FBI unlawfully surveilled him and damaged his reputation by leaking information to the press. In 2022, the district court dismissed his complaint for failure to state a claim. […]
Lots of important arguments last week, including in the cases related to the removals of board members from the NLRB and the Merit Systems Protection Board and the CFPB. On the opinion side, the week was less headline-worthy, but still relevant for those interested in the interaction between administrative and judicial remedies. The opinion in […]
Who would have guessed that the most hotly contested legal issue in the federal courts in the spring of 2025 would be the propriety of an administrative stay? The D.C. Circuit was once again involved in the multitude of challenges to the multitude of President Trump’s executive orders and, once again, the issue was over […]
Readers may recognize the words in the title of this blog post as lyrics from Gordon Lightfoot’s melancholy ballad, The Wreck of the Edmund Fitzgerald. If you’re interested, it can be heard on any given school morning in my minivan, where it vies with The Devil Went Down to Georgia for “most requested song.” Story […]
The D.C. Circuit entered three administrative stays and decided three administrative law cases on the merits last week. Emergency Orders Alien Enemies Act In J.G.G. v. Trump, this month’s special panel administratively stayed the district court’s interim order on contempt. As Thomas Griffith has discussed on this blog, the district court entered a temporary restraining order prohibiting the removal […]
This post covers the two published opinions of the D.C. Circuit for the week of April 7. Ateba v. Leavitt addressed a journalist’s First Amendment challenge to the White House Hard Pass Policy. Under this Policy, “[t]he White House issues hard passes,” which afford “preferred access to the White House Press Area,” to “reporters who are accredited […]
As Judge Griffith covered last week, the motions panel at the D.C. Circuit has remained busy of late. It appears this month will be no exception. Last week, the D.C. Circuit administratively stayed much of the district court’s preliminary injunction in National Treasury Employees Union v. Vought, No. 25-5091, which had prevented the government from […]
All eyes were on the D.C. Circuit this week for J.G.G. v. Trump, No. 25-5067. The case arises from President Trump’s March 15, 2025 Proclamation invoking the Alien Enemies Act (“AEA”), ch. 66, 1 Stat. 577 (1798) (codified as amended at 50 U.S.C. §§ 21-24) to order deportation of Venezuelan nationals that the federal government alleges […]
The D.C. Circuit did not decide a nondelegation case last week. But while I have you, and the nondelegation doctrine and fee-setting are surely on your mind, I commend to your attention a recent article Professor Erika Lietzan: User Fee Programs. It surveys fee programs across the federal government and touches on the question whether […]
The D.C. Circuit was busy last week with emergency motions. In Dellinger v. Bessent, the district court enjoined the removal of Special Counsel Hampton Dellinger. The D.C. Circuit (Henderson, Millett, and Walker, JJ.) stayed the injunction pending appeal. As the panel explained, the stay gave “effect to the removal of appellee from his position as Special […]
Marin Audubon Society v. FAA is back in the news. Last week, the D.C. Circuit returned to the case for the second time since the panel’s November 2024 judgment. For our prior coverage of the November judgment, which threatened to “upend()” fifty years of law implementing the National Environmental Policy Act (NEPA), see here. In […]
Only one opinion from the D.C. Circuit last week, in Jones Lang LaSalle Americas, Inc. v. NLRB, No. 24-1079, so this will be quick. It’s a straightforward application of a narrow standard of review (substantial evidence/arbitrary and capricious). The company raised two issues about a representation election: the Board Agent (1) briefly left the ballot […]
All was relatively quiet on the D. C. Circuit last week through the customary release of opinions on Friday, and then the storm hit. First, the calm. Only two decisions were released through Friday, neither of which has much significance beyond the interest of the parties. In Edward M.R. v. District of Columbia, No. 23-7143, the […]
There were no opinions out of the D.C. Circuit last week–only an order granting a motion for summary affirmance in False Claims Act appeal. While there are interesting Article II questions surrounding qui tam actions, the order simply applies settled law that pro se litigants cannot pursue claims on behalf of the United States. For […]
The D.C. Circuit issued only one opinion last week, and it wasn’t about administrative law. (The case involved a civil contempt motion to enforce an injunction that protected free-exercise rights under the Religious Freedom Restoration Act.) The court did hear arguments on several administrative-law cases, including: More opinions to come soon!