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The Latest Breaking News from DC Circuit

D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law

It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.

Reason

Will Joe Manchin get his pipeline?

The agreement might not solve the Mountain Valley Pipeline’s biggest problem: compliance with environmental law

Salon

Appeals court sides with House in fight over Trump tax returns

WASHINGTON — The House Ways and Means Committee can use a federal law to gain access to the tax returns of former President Donald Trump, a federal appeals court in Washington ruled Tuesday.

Tribune News Service

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Appeals court sides with House in fight over Trump tax returns - Roll Call

Appeals court allows the House Ways and Means Committee to get Trump’s personal tax records from the Treasury Department.

Roll Call

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason

West Virginia v. EPA: An Advisory Opinion?

Deciding the case might have been squarable with Article III, but not the way Court went about it.

Reason

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Jonathan Bernstein: Judicial nominations are totally out of whack

The Senate on Tuesday evening confirmed U.S. District Court Judge Michelle Childs for seat on the DC Circuit Court of Appeals, generally considered the most important court in the nation other than the Supreme Court. Childs, and the circumstances of her nomination and confirmation, provide a good tour of how…

Tribune News Service

Chief Judge Srinivasan's Cursory Emoluments Clauses Analysis

After four years of contested litigation, the D.C. Circuit cursorily resolves the meaning of the Emoluments Clauses without any acknowledgment of contrary positions.

Reason

Appeals court lets House panel subpoena Trump financial records

The committee can get some of Donald Trump’s financial records it subpoenaed from accounting firm Mazars USA, an appeals court ruled Friday.

Roll Call

The Food & Drug Administration Has a Vaping Problem

Something is wrong at the Food & Drug Administration's Center for Tobacco Products, and federal courts are beginning to notice.

Reason

Are a Majority of D.C. Circuit Judges Republican Appointees? The NYT Thinks So [Updated]

A New York Times piece on conservative legal challenges to climate regulations characterizes the balance of the D.C. Circuit in a most unusual way.

Reason

Supreme Court Decides Major Chevron Case Without Citing Chevron

American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rubber stamps, pole cameras, and personal vendettas.

Reason

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Tribune News Service

Senate Judiciary Committee sends D.C. Circuit nominee to the floor

WASHINGTON — The Senate Judiciary Committee on Thursday advanced the nomination of Judge J. Michelle Childs for the influential federal appeals court in Washington, in a bipartisan 17-5 vote that sets up a later final confirmation vote on the Senate floor.

Roll Call

Senate Judiciary Committee sends DC Circuit nominee to the floor

The Senate Judiciary Committee advanced the nomination of Judge J. Michelle Childs for the influential federal appeals court in Washington.

Reason

D.C. Circuit Workplace Survey Leaked, And Investigation of Leaked Survey Is Leaked

The federal courts are in trouble if confidential material cannot remain confidential.

Reason

Judge James Buckley On a 1991 CADC Leak of Judge Thomas's Lamprecht Decision

"I refer to an article that appeared on September 30, 1991, in The Legal Times, which purported to report in some detail on the contents of preliminary drafts of the majority and dissenting opinions."

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Heat waves, raucous parties, and cemetery discretion.

Tribune News Service

Lindsey Graham says he will vote ‘no’ on Supreme Court nominee Ketanji Brown Jackson

CHARLESTON, S.C. — U.S. Sen. Lindsey Graham of South Carolina said he will not vote for Judge Kentanji Brown Jackson to serve on the Supreme Court, denying President Joe Biden of another Republican vote for his historic nominee who will likely be confirmed as the first Black woman to serve…

Tribune News Service

Sen. Lindsey Graham says he will vote against Supreme Court nominee Ketanji Brown Jackson

CHARLESTON, S.C. — U.S. Sen. Lindsey Graham said he will not vote for Judge Kentanji Brown Jackson to serve on the Supreme Court, denying President Joe Biden of another Republican vote for his historic nominee who will likely be confirmed as the first Black woman to serve on the nation’s…

Reuters

Russian oligarch Deripaska loses U.S. court battle to lift sanctions

A U.S. appeals court in Washington on Tuesday rejected a bid by Russian aluminum tycoon Oleg Deripaska to lift sanctions imposed on him by the United States in 2018, finding that American officials had sufficient evidence to back up their action.

Reason

DC Circuit Issues Mixed Decision in Title 42 "Public Health" Expulsion Case

The court ruled the CDC can continue to use its public health power to expel migrants, but not to countries where they are likely to face persecution or torture.

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