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D.C. Circuit releases deluge of published opinions

Oral arguments ended in May, but the D.C. Circuit’s still churning out published rulings. Nine were issued this past week:

  • a decision under the Internal Revenue Code reviewing a judgment in favor of an employer accused of overstating an employee’s taxable income (6/30/23) (Wilkins, J.);
  • a decision under the APA reviewing a judgment upholding a ruling of the U.S. Citizenship and Immigration Services requiring employers to notify USCIS when a foreign national changes worksites (6/27/23) (Katsas, J.);
  • a decision under the Constitution’s Speech and Debate Clause reviewing a judgment dismissing an action by members of the U.S. House of Representatives challenging a House resolution penalizing members $500 for not wearing masks while in the House (6/30/23) (Rao, J.);
  • a decision under Article II of the Constitution reviewing a judgment refusing to reinstate a member of the Administrative Conference of the U.S. who had been removed by the president (6/27/23) (Millett, J.);
  • a decision under the APA reviewing a decision of the STB about whether certain ICC rulings in the 1990s allowed a railroad to control a switching terminal (6/30/23) (Henderson, J.);
  • a decision under the APA reviewing a decision of the Secretary of the Interior declining to second-guess a gambling-related compact between Florida and Seminole Tribe of Florida (6/30/23) (Wilkins, J.);
  • a decision under FOIA reviewing a judgment upholding the FAA’s refusal to turn over documents that the agency relied on in recertifying the Boeing 737 MAX after two deadly accidents (6/30/23) (Tatel, J.);
  • a decision under the Clean Air Act reviewing EPA’s designation of El Paso, Texas as not meeting certain ozone standards (6/30/23) (Katsas, J.); and
  • a decision under the Clean Air Act and the APA reviewing an EPA order regulating aircraft-engine emissions (6/30/23) (Rao, J.).