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The Latest Breaking News from the DC Circuit

The Major Separation of Powers Problems with J.E.B. v. Trump

Judge Boasberg is about to unleash a truly independent counsel on the Trump Administration, and the President himself, subject to none of the strictures that Alexia Morrison faced.

Reason

The Latest In Associated Press v. Budowich (Updated)

The Trump Administration changed the name of the body of water between Florida and Texas to the Gulf of America.… The post The Latest In Associated Press v. Budowich (Updated) appeared first on Reason.com.

Reason

Don't Sleep on Standing

A useful reminder from the U.S. Court of Appeals for the D.C. Circuit to read circuit rules before filing.

Reason

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DC Circuit Allows Removal of Special Counsel Dellinger Pending Appeal

For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.

Reason

If The Courts Want Their Orders To Be Followed, The Courts Must Issue Orders That Can Be Followed

Federal judges are walking on thin ice by issuing unappealable TROs and failing to stay their rulings.

Reason

How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams?

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

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

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Trump Administration Appeals Special Counsel Case to SCOTUS—No, Not The Jack Smith Case.

There are two sides to the constitutional crisis coin: if the president seeks a timely appeal, courts should consider those appeals in a timely fashion.

Reason

Did the Truman Administration Disobey A Federal District Court Injunction In Youngstown?

The District Court injunction did not stay its ruling, but the Court of appeals did shortly thereafter.

Reason

Fate unclear for White House environmental quality office - Roll Call

The future of the White House Council on Environmental Quality, established in 1970, is uncertain in the Trump administration.

Roll Call

D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations

A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree?

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Right whales, premium cigars, and tax evasion.

Reason

FERC Not Required to "Second Guess" State Energy Choices Under NEPA

The D.C. Circuit adopts a suitably constrained view of FERC's legal obligations when conducting environmental impact assessments.

Reason

Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux

A good example of why the D.C. Circuit's website upgrade was actually a step backwards.

Reason

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Reason

Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text

The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.

Salon

This ballot measure could end super PACs

Maine's Question 1 limits the amount a person or group can donate to super PACs to $5,000

Reason

Tick, Tock Goes the SCOTUS Clock

The timing of TikTok v. Garland.

Reason

Is Judge Newman Entitled to Her Day in Court to Challenge Her "Stealth Impeachment"?

Other former judges and I have just filed an amicus brief in the D.C. Circuit, making the case that the federal courts should consider Judge Newman's challenge to being effectively removed from her position on the Federal Circuit in violation of her constitutional rights.

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Reason

Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention

"Applying the Text and History Methodology to Looming Second Amendment Battles After Rahimi" was the topic of a session on… The post Second Amendment Roundup: The Second Amendment Dialogue at Fed Soc's National Convention appeared first on Reason.com.

Reason

Why Has the D.C. Circuit Made It More Difficult to Find Opinions?

A recent website "upgrade" is not an improvement.

Reason

Supreme Court to Tackle Who Can Sue Agencies Where and for What

With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.

Reason

D.C. Circuit Grants En Banc Review to Consider Reviewability of FEC Enforcement Discretion

It appears that a majority of judges on the D.C. Circuit believe it should be easier to seek judicial review of Federal Elections Commission non-enforcement decisions.

Reason

Supreme Court Refuses to Stay Biden EPA Power Plant Rule

Some were surprised by the Supreme Court's action, but they should not have been.

Roll Call

Appeals court to hear TikTok challenge to law requiring app sale - Roll Call

A federal appeals court will hear oral arguments Monday in TikTok’s challenge to a law requiring a sale or ban of the app in the U.S.

Salon

SCOTUS already slowing climate progress

Supreme Court rulings limiting federal authority have upended the legal landscape — and could hamper climate action

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