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The Latest Breaking News from DC Circuit

On Universal Vacatur, the Supreme Court, and the D.C. Circuit

Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.

Reason

D.C. Circuit Refuses to Order Archivist to Certify Ratification of Equal Rights Amendment

From today's D.C. Circuit opinion in Illinois v. Ferriero, written by Judge David Wilkins and joined by Judges Neomi Rao and Michelle Childs: The States of Illinois and Nevada … filed this mandamus action in the district court, seeking to compel the Archivist of the United States to certify and…

Reason

Probing the Limits of Speech or Debate Clause Privilege for Perry and Pence

The January 6 invistigations have renewed interest in this somewhat obscure constitutional provision and the scope of its protections.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

Reason

GOP states urge Supreme Court to allow border policy defense

WASHINGTON — A group of Republican-led states urged the Supreme Court on Wednesday to let them join litigation to defend pandemic-related border restrictions, warning a decision otherwise could pave the way for presidents to improperly abandon policies they dislike from their predecessors.

Tribune News Service

GOP states urge Supreme Court to allow border policy defense - Roll Call

A group of Republican-led states urged the Supreme Court to let them join litigation to defend pandemic-related border restrictions.

Roll Call

Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors

The U.S. Court of Appeals for the Sixth Circuit concludes the President exceeded the scope of his delegated authority.

Reason

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Democrats May Regret Compromising Taxpayer Privacy To Get Trump

The release of the former president’s tax returns sets a dangerous precedent.

Reason

Supreme Court Issues Dubious Ruling that Perpetuates Title 42 "Public Health" Expulsions of Migrants

The decision doesn't actually require continuation of the policy, but will have that effect indirectly. Justice Neil Gorsuch's dissent explains why the Court was wrong to take this step.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Feather bans, tent curtilage, and youngsters and their sweets.

Reason

GOP states ask appeals court to preserve Title 42 border policy

WASHINGTON — A federal appeals court could rule as soon as Friday on a bid from a group of Republican-led states to preserve pandemic-related border controls, with just days remaining until a court order forces the Biden administration to lift the restrictions.

Tribune News Service

GOP states ask appeals court to preserve Title 42 border policy - Roll Call

A federal appeals court could rule as soon as Friday on a bid from a group of Republican-led states to preserve pandemic-era border controls.

Roll Call

Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Reason

US to appeal ruling that struck down pandemic-era border policy

WASHINGTON — The Biden administration told a Washington federal court Wednesday that it will appeal a ruling that struck down pandemic-related asylum restrictions known as Title 42.

Tribune News Service

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Roll Call

US to appeal ruling that struck down pandemic-era border policy - Roll Call

The government told a Washington federal court Wednesday that it will appeal a ruling that struck down pandemic-related asylum restrictions.

Reason

Computer Code Can Be Regulated Because of What It Does, Even If Not Because of What It Says

The D.C. Circuit rejects a First Amendment challenge to the Digital Millennium Copyright Act's anticircumvention and antitrafficking provisions.

Tribune News Service

Noah Feldman: The Supreme Court’s other conservative revolution

The conservative revolution at the U.S. Supreme Court has two prongs. One grabs headlines as the justices overturn long-established precedent on big-ticket issues like abortion, affirmative action and voting rights. The second is a less-noticed yet enormously ambitious transformation of the judiciary’s job. Put simply, the justices are placing themselves…

Reason

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

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Reason

Let's Not Set Aside The Scholarly Debate About Vacatur

Sam Bray and John Harrison have moved an argument about equity from "off-the-wall" to "on-the-wall"

Reason

Vacatur and the Catron Principle

As Sam notes below, one notable feature of the vacatur arguments in US v. Texas was the strong resistance of former D.C. Circuit judges, arguing from their personal experience. Here's Chief Justice Roberts: I mean, this is a long -- that's what the D.C. Circuit and other courts of appeals…

Reason

Vacatur and United States v. Texas

Yesterday the Supreme Court heard argument in United States v. Texas. This case brings together standing, merits, and remedial issues of unusual complexity. Here are a few points of commentary on the vacatur question, about which there was a range of views on the Court, to put it mildly. One…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Roll Call

Supreme Court denies Trump bid to keep tax records from House - Roll Call

The Supreme Court cleared the way for the Ways and Means panel to get six years of former President Donald Trump’s tax returns from the IRS.

Reason

Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions

A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.

Tribune News Service

Trump asks Supreme Court to block disclosure of his tax returns

WASHINGTON — Former President Donald Trump has asked the U.S. Supreme Court to block a congressional committee from getting years of his tax returns.

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