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A blog on practice in the Nation’s second-most powerful court
Party? Hardly.
This week, the D.C. Circuit considered when a nonparty to a case can nonetheless appeal an order in the case. Answer: almost never. As the …
D.C. Circuit takes up Equal Rights Amendment
Was the Constitution amended? Roughly speaking, that’s the question the D.C. Circuit confronted today, in a case involving the Equal Rights Amendment or ERA. Believing …
Expressing outrage in briefs
“Can’t our brief express more outrage?” It’s a common client question. We lawyers ask it too. Who among us hasn’t been tempted to start a …
D.C. Circuit offers little-known en banc shortcut
Published opinions this past week exposed a fierce dispute on the D.C. Circuit over whether to take a case en banc. Two judges thought for …
When is it too late to intervene on appeal?
Motions practice is rarer in circuit court than in district court. Still more rare in circuit court is motions practice that prompts a written opinion. …
D.C. Circuit publishes higher percentage of opinions than any other circuit
The D.C. Circuit issues more unpublished opinions than published opinions. That’s true in all the federal circuits. What percentage of opinions are published? You can …
D.C. Circuit Judge Laurence Silberman dies at 86
The biggest news at the court this fall so far has not been a decision—the court is enjoying its usual post-summer lull—but the death of …
D.C. Circuit nominee Bradley Garcia to be considered by full Senate
The Senate Judiciary Committee today reported D.C. Circuit nominee Bradley Garcia to the full Senate. Garcia is 36 years old. If confirmed, he would be …
It’s arbitrary and capricious to use the phrase “red herring”
So held the D.C. Circuit today. We overstate matters only slightly. The question in The Case of the Red Herring—technically captioned Everport Terminal Services, Inc. …
D.C. Circuit opinion illustrates the value of illustrations
Highlighting the value courts place on simple illustrations, the D.C. Circuit last week relied repeatedly in a published opinion on a homespun illustration offered by …
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