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The Latest Breaking News from the DC Circuit

Legislative Vetoes for Independent Agencies

Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.

Reason

D.C. Circuit Upholds Energy Department Ban on Non-Condensing Furnaces and Water Heaters

After this decision, rescinding this Biden Administration rule may be more difficult.

Reason

Trump ally appeals contempt of Congress case to Supreme Court - Roll Call

Steve Bannon asked the Supreme Court to overturn his contempt of Congress convictions related to a House panel, his attorneys said Friday.

Roll Call

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Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS

Plus: Pam Bondi flunks free speech 101.

Reason

US asks Supreme Court to allow halt on some foreign aid spending - Roll Call

The Trump administration asked the Supreme Court on Monday to allow the government to not make about $4 billion in foreign aid payments.

Roll Call

What are the Precedential Values of Wilcox and Boyle?

Judge Rao explains how to read emergency docket orders on stay applications.

Reason

The EPA Can Terminate Climate Change Grants to Nonprofits

A divided panel of the U.S. Court of Appeals for the D.C. Circuit vacates a district court injunction barring clawback of climate grants.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A rescinded diploma, a brown seer stone, and a pointless waste of time.

Reason

Judge Newman Loses Her Effort to Undo the "Temporary" Bar on Receiving Cases

The D.C. Circuit declines to reach the merits of many of the serious underlying constitutional questions.

Reason

No Sealing of Opinion Related to Guantanamo Detainee (Now Released to Oman)

From Abdullah v. Trump, decided in March by Judge Emmet Sullivan (D.D.C.), and reaffirmed Sunday (with a comment that "in… The post No Sealing of Opinion Related to Guantanamo Detainee (Now Released to Oman) appeared first on Reason.com.

Reason

SCOTUS Holds, In A Footnote, That The "Capable Of Repetition, Yet Evading Review" Doctrine Can Apply Even When Plaintiff Does Not Seek A Preliminary Injunction

Justice Kagan mows down many circuit precedents without much explanation.

Reason

‘Judicial corruption?’: Trump tariff appeal fury after three MAGA judges appointed in incredible coincidence

Either something is up or Trump is the luckiest man alive.

We Got This Covered

"The Central Principle of Judicial Review in NEPA Cases Is Deference"

Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.

Reason

Supreme Court Narrows Scope of NEPA Review

Environmental Impact Statements do not have to consider upstream and downstream effects.

Reason

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Reason

Federal District Court Rules Against Trump in Alien Enemies Act Case

The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.

Roll Call

US urges appeals court to allow military transgender ban - Roll Call

The Trump administration urged an appellate court on Tuesday to allow the U.S. military to enforce a ban on transgender people serving.

Reason

Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

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Reason

Can Harvard Lose Tax Exemption for "Pushing Political, Ideological, and Terrorist Inspired/Supporting 'Sickness'"?

Just as the government can't generally deny tax exemptions to groups that engage in supposed "hate speech," so it may not deny tax exemptions to universities that promote or tolerate ideological agendas that the government disapproves of.

Reason

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

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.

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