ABA Journal

D.C. Circuit Court

502 ABA Journal D.C. Circuit Court articles.

DC Circuit decision is victory for public-access group that posts technical standards online

A nonprofit group isn’t liable for copyright infringement when it posts technical standards online that have been developed by private groups and then incorporated into government regulations, a federal appeals court has ruled.

6th Circuit sides with OSHA over power to set workplace safety standards

Is Congress’ delegation to the Occupational Safety and Health Administration to set workplace safety standards constitutional?

Which judges are on GOP presidential candidate’s SCOTUS short list?

Republican 2024 presidential candidate Vivek Ramaswamy is taking a cue from former President Donald Trump by releasing a short list of judges he would consider for appointment to the U.S. Supreme Court.

DC Circuit spares DOJ ‘immediate disaster’ in Jan. 6 prosecutions but raises concerns about obstruction charges

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 on Friday that the government can prosecute alleged Jan. 6, 2021, rioters for corruptly obstructing an official proceeding—even in cases that did not involve tampering with documents.

Trump doesn’t have absolute immunity from civil suits stemming from Jan. 6 Capitol riot, DOJ says

Former President Donald Trump isn’t shielded from liability in civil lawsuits stemming from the Jan. 6, 2021, U.S. Capitol riot if his speech before the event “encouraged imminent private violent action and was likely to produce such action,” the U.S. Department of Justice said in a brief filed with a federal appeals court.

Backers of Equal Rights Amendment lose mandamus bid in DC Circuit

The states of Illinois and Nevada lost their bid to make the Equal Rights Amendment part of the Constitution on Tuesday, when the U.S. Court of Appeals for the District of Columbia Circuit ruled that they did not satisfy the high threshold needed to obtain a writ of mandamus.

Law firm’s more protective test for attorney-client privilege ‘is a big ask,’ Kagan says

U.S. Supreme Court Justice Elena Kagan told a lawyer representing a tax law firm Monday that his proposed expansive test for protecting documents under attorney-client privilege “is a big ask,” according to coverage of the oral arguments.

Federal appeals court strikes down ATF rule banning rapid-fire bump stocks

Updated: The en banc 5th U.S. Circuit Court of Appeals at New Orleans has struck down a Trump administration ban on bump stocks, which are used to accelerate gunfire on semi-automatic weapons.

FTC cites unfair competition law to justify proposed ban on noncompete agreements; will it hold up in court?

The Federal Trade Commission has proposed a rule that would ban employers from imposing noncompete agreements on workers and independent contractors.

Why did Gorsuch join liberal justices who wanted to lift Trump-era Title 42 immigration policy?

Four justices dissented when the U.S. Supreme Court issued a Dec. 27 order that keeps in place a Trump-era immigration policy pending further litigation by 19 Republican-led states.

Chief justice temporarily continues Title 42 policy that expelled asylum-seekers based on COVID-19 dangers

Chief Justice John Roberts on Monday temporarily kept in place a policy that quickly turned back asylum-seekers on the ground that they could contribute to the spread of COVID-19.

Supreme Court refuses to block release of Trump’s tax returns to House committee

The U.S. Supreme Court has refused to block the release of former President Donald Trump’s tax returns to the House Ways and Means Committee.

Chief justice blocks turnover of Trump’s tax returns to congressional committee

Former President Donald Trump has obtained a temporary stay blocking the turnover of his tax returns to the House Ways and Means Committee.

Does Trump have to testify to Jan. 6 committee? It’s a ‘constitutional gray area’

Former President Donald Trump could cite one U.S. Supreme Court decision to bolster his argument that he can’t be compelled to testify before the congressional committee investigating the Jan. 6, 2021, U.S. Capitol riot.

Weekly Briefs: Judge tosses challenge to ‘Don’t Say Gay’ law; gun-makers win dismissal of Mexico suit

Challenge to Florida’s ‘Don’t Say Gay’ law gets tossed

A federal judge in Tallahassee, Florida, has tossed a challenge to Florida’s Parental Rights in Education law, which critics have…

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