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The Latest Breaking News from the DC Circuit

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

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.

Reason

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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

Salon

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.

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

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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.

Reason

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.

Roll Call

SCOTUS already slowing climate progress

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

Salon

Senator Schumer Goes Nuclear With "No King Act"

The law would direct lower courts how to reject claims of presidential immunity, and strip SCOTUS of appellate review.

Reason

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Reason

Banana Splits

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Roll Call

House backs Bannon in contempt of Congress appeal - Roll Call

The House filed a brief Monday to back the appeal of Trump ally Steve Bannon on contempt of Congress convictions.

Roll Call

Supreme Court denies Steve Bannon bid to remain out of prison - Roll Call

The Supreme Court on Friday denied Steve Bannon’s request to stay out of prison while he appeals two convictions for contempt of Congress.

Reason

SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)

In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency

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Roll Call

Bannon asks Supreme Court to keep him out of prison - Roll Call

Former Trump adviser Steve Bannon asked the Supreme Court to allow him to remain free as he appeals his convictions for contempt of Congress.

Roll Call

Bannon makes emergency appeal to stay out of prison - Roll Call

Former Trump adviser Steve Bannon asked a federal court to let him stay out of prison while he appeals his contempt of Congress convictions.

TV Tech

FCC Amends Foreign Sponsorship ID Rules

In response to a court ruling vacating some regulations, the FCC has amended and clarified rules that were designed to prevent foreign influence on U.S. elections

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.

Reason

SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity

Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."

Salon

Expert: SCOTUS already "helped Trump"

Trump lawyers' arguments "aren't very good" and their briefs are "worse" but SCOTUS already did him a favor

Reason

Special Counsel Jack Smith Lacks Standing to Defend the D.C. Circuit's ruling on Presidential Immunity in the Supreme Court

Defendant standing must exist at all stages of any litigation and must be raised by the justices of the Supreme Court even if the litigants themselves fail to raise it

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