ABA Journal

D.C. Circuit Court

496 ABA Journal D.C. Circuit Court articles.

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…

Former Whitewater independent counsel Ken Starr dies at 76

Ken Starr, the former Whitewater independent counsel and an appeals judge, has died at age 76. Starr died Tuesday from surgery complications at Baylor St. Luke’s Medical Center.

Weekly Briefs: DOJ urges SCOTUS to turn down citizenship case; cop asks second justice to block vaccine mandate

Don’t accept citizenship case, DOJ tells SCOTUS

The U.S. Department of Justice filed a brief Monday urging the U.S. Supreme Court to deny review in a case on citizenship rights…

How Jones Day’s ‘conservative machine’ helped shape policy in the Trump administration

After the election of former President Donald Trump, many Jones Day lawyers “sailed into his White House, the Justice Department and other parts of his administration,” signaling the influence of the corporate law firm that had built a practice helping Republicans win elections and attain their political goals.

DOJ must release memo involving investigation into Trump’s actions during election probe, appeals court says

Updated: A federal appeals court ruled Friday that the U.S. Department of Justice must release a 2019 internal memo that urged former U.S. Attorney General William Barr to conclude that former President Donald Trump had not obstructed justice.

Federal court workers can engage in political expression, DC Circuit rules

A federal appeals court has rejected the restrictions on political activities that had been imposed on judiciary workers.

DC Circuit rules against Trump on tax returns, says subjecting ex-president to laws is not ‘bug’ in system

A federal appeals court has ruled that a congressional committee can obtain tax returns for former President Donald Trump as part of its investigation into presidential audits.

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