A blog on practice in the Nation’s second-most powerful court

Briefing

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 …

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Appellate procedure

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 …

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Appellate procedure

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. …

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Rules & Procedures

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The D.C. Circuit issues more unpublished opinions than published opinions.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 …

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Judges

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 …

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Judges

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 …

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Briefing

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. …

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Briefing

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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Jurisdiction

Supreme Court sides with D.C. Circuit on arbitration waivers

In case you missed it, before its recent Term ended, the Supreme Court sided with the D.C. Circuit in an important case about arbitration clauses. …

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Appellate procedure

How far afield may amici go?

In a decision issued today, the court rejected an argument in an amicus brief because it was not made by the parties: Several environmental, community, …

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