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The D.C. Circuit issues more unpublished opinions than published opinions.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