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The Latest Breaking News from Federal Circuit

Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat

The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.

Reason

The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative

Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.

Reason

The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab

Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.

Reason

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Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them

In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.

Reason

Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers

The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.

Reason

Today's Federal Circuit Oral Argument in Our Tariff Case

Outcomes are hard to predict. But the judges seemed skeptical of the administration's claim that the president has virtually unlimited power to impose tariffs.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]

Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.

Reason

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Cato Institute, NCLA Urge Appeals Court To Reject Trump Tariffs Citing Unauthorized Use Of Statute: Report

The Cato Institute and the New Civil Liberties Alliance (NCLA) have called on the Federal Circuit to strike down President Donald Trump‘s tariffs, arguing they rely on a statute that does not grant any authority to impose such tariffs.

Benzinga

Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All

The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.

Reason

Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case

It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.

Reason

Federal Circuit Issues Brief Administrative Stay in Our Tariff Case

This is a standard order imposing a brief stay of the trial court ruling, while the parties litigate the issue of whether a longer stay should be imposed.

Reason

Judge Orders Rhode Island Town To Return Secretly Seized Land to Affordable Housing Developer

Plus: the federal government tries to stiff landlords over eviction moratorium one last time, the Supreme Court declines to take up eminent domain case, and starter home bills advance in Arizona and Texas.

Reason

The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues

Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.

Reason

Federal Appellate Court Rules in Favor of Takings Lawsuit Against the CDC's Covid-Era Eviction Moratorium

The 2-1 decision overrules a trial court decision that went the other way, and could set an important property rights precedent.

Reason

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AAP

Rewards of working like dogs at corporate playground

Canine colleagues of workers now have their own playground where employees at a tech giant can walk their dogs outside.

AAP

Therapy dog Poppy lends kids in court a helping paw

Labrador Poppy has been sworn in as the Federal Circuit Court's first official therapy dog to help children and other court users grappling with anxiety.

Reason

Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking

If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.

Ballotpedia

SCOTUS hears argument in case challenging scope of NLRB authority

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

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Reason

Federal Circuit re: Bulk Unsealing Plans -- Never Mind

From today's order: Upon further consideration of the court's August 17, 2022 Order, the court finds it impracticable at this time to continue to proceed with the proposed unsealing of previously-identified cases. Specifically, the court finds that there will be insufficient time and considerable, unanticipated administrative difficulty to both the…

Reason

AI Can't Be an "Inventor" Under the U.S. Patent Act

From Thaler v. Vidal, decided today by the Federal Circuit (Judge Tony Leonard Stark, joined by Chief Judge Kimberly Moore and Judge Richard Taranto): This case presents the question of who, or what, can be an inventor. Specifically, we are asked to decide if an artificial intelligence (AI) software system…

The Conversation

'Quite irreparable damage': child family violence survivors on how court silenced and retraumatised them

Nobody spoke to Donna* or her sister in the lead up to the family court decision that ordered the children to spend time alone with their father, who was violent. Donna was eight.

Reason

Maybe Easier to Get Forgiveness Than Permission -- but Harder If You've Expressly Been Denied Permission

From the Federal Circuit, an opinion related to its COVID protocols; as it happens, the violators here did get forgiveness (at least in the absence of sanctions), but the court seems clear that future violations won't be treated the same way.

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