Posts filtered by tags: D.C. Circuit[x]


“Like playing with Michael Jordan”: Three former Ginsburg clerks talk about what it was like working for the justice

SCOTUStalk Host Amy Howe spoke this week with two groups of former law clerks for the late Justice Ruth Bader Ginsburg. In the first of these interviews, Kelsi Brown Corkran, Lori Alvino McGill, and Amanda Tyler share their memories of meeting Ginsburg for the time and working for a boss who herself was such a hard worker. Listen on Acast | Spotify Full transcript below the jump: [00:00:00] Oyez! Oyez! Oyez! Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Cour...
Tags: Facebook, Featured, Supreme Court, Law, Boston, Italy, Michael Jordan, George Clooney, Shakespeare, Berkeley, Ruth Bader Ginsburg, UC Berkeley, Frank Sinatra, Mona Lisa, Harvard Law School, Amanda

An advocate’s perspective on a justice who could never be outworked

This tribute is part of a series on the life and work of the late Justice Ruth Bader Ginsburg.  Paul Clement is a partner at Kirkland & Ellis. He served as U.S. solicitor general under President George W. Bush from 2005 to 2008, and he has argued more than 100 cases at the Supreme Court. Over her four decades on the federal bench, Justice Ginsburg mentored scores of law clerks, inspired countless lawyers and non-lawyers, and fought tirelessly for equality. She also participated in thousands of o...
Tags: Featured, Supreme Court, Law, Court, George W Bush, Antonin Scalia, Kirkland Ellis, Scalia, D C Circuit, Ginsburg, Marty, David Souter, Tributes to Justice Ruth Bader Ginsburg, Ruth Bader Ginsburg Paul Clement

Statements from Supreme Court justices on the death of Justice Ginsburg (updated)

The eight members of the Supreme Court, along with retired Justices Anthony Kennedy and David Souter, released on Saturday addressing the death of Justice Ruth Bader Ginsburg. The full text of their remarks is below the jump: Chief Justice John Roberts: Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute ...
Tags: London, Featured, Supreme Court, Law, Virginia, Court, America, God, Ruth Bader Ginsburg, Ruth, Sonia Sotomayor, Mary, John Roberts, D C Circuit, Ginsburg, Marty

Supreme Court Justices mourn the death but praise the legacy of Ruth Bader Ginsburg

FILE - In this Nov. 30, 2018, file photo, the justices of the U.S. Supreme Court gather for a formal group portrait to include the new Associate Justice, top row, far right, at the Supreme Court building in Washington. Seated from left: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice of the United States John G. Roberts, Associate Justice Ruth Bader Ginsburg and Associate Justice Samuel Alito Jr. Standing behind from left: Associate Justice Neil Gorsuch, Asso...
Tags: Politics, London, News, Supreme Court, Congress, Washington Post, Washington, Senate, White House, Virginia, Court, America, Barack Obama, Trends, C, Washington Dc

Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America

New PatentlyO Law Journal Essay: Two Errors in the Ninth Circuit’s Qualcomm Opinion

New PatentlyO Law Journal article by Thomas F. Cotter, Taft Stettinius & Hollister Professor of Law, University of Minnesota Law School, and Innovators Network Foundation Intellectual Property Fellow.  Professor Cotter is also the author of the Comparative Patent Remedies blog.  Abstract: On August 11, 2020, the Ninth Circuit handed down its opinion in Federal Trade Commission v. Qualcomm Inc., reversing the district court’s judgment in favor of the FTC. This essay argues that the Court of Appe...
Tags: Google, Microsoft, Law, Dc, Qualcomm, Patent, Journal, Alice, Federal Trade Commission, Ftc, Donald, Thomas, PAUL, Court of Appeals, Mayo, Duffy

Bill Barr’s New Fix: Trump Smeared His Rape Accuser, E. Jean Carroll, in his 'Official Capacity'

Donald Trump has repeatedly called for "opening up" libel laws and eliminating constitutional limits the Supreme Court has imposed on defamation suits brought by public figures, “so when they write purposely negative and horrible and false articles, we can sue them and win lots of money.” But Trump’s attorney general, William Barr, just declared that nobody can sue the president for knowingly lying about them—even someone who says that Trump raped her before he was in office.And Trump and Barr j...
Tags: New York, News, Supreme Court, White House, Russia, New York City, Fbi, United States, Bill Clinton, Manhattan, National Security, North Carolina, Donald Trump, Doj, Carroll, Trump

After Getting Appeals Court’s Okay, Flynn Judge Revives Look At DOJ’s Dismissal Bid

The judge presiding over Michael Flynn’s case took a next step towards examining the Justice Department’s request to dismiss Flynn’s case, now that an appeals court has reversed its order that the judge immediately drop the prosecution. U.S. District Judge Emmet Sullivan told the parties on Tuesday to file by Sept. 21 a joint proposal for when to schedule a hearing on the department’s request to dismiss the case. Sullivan also wants their proposed schedule to include deadlines for the DOJ and...
Tags: News, Court, Fbi, Doj, Justice Department, Tierney Sneed, Flynn, Court of Appeals, D C Circuit, Sullivan, U S Court of Appeals, Gleeson, Michael Flynn, Emmet Sullivan, Emmet G Sullivan, Michael T Flynn

Trump, House Duel Over Next Steps In Lawsuit Over Subpoena For His Financial Docs

President Trump and the House Oversight Committee not surprisingly have very different ideas for what should happen next in his lawsuit challenging the lawmakers’ subpoena for his financial documents. The litigation is continuing after the Supreme Court earlier this summer rejected Trump’s arguments that Congress lacked the authority to demand the documents. But rather than outright back the enforcement of the House subpoenas, the justices in a 7-2 vote laid out a four-part test that should b...
Tags: New York, News, Supreme Court, Congress, Court, House, Donald Trump, Trump, Tierney Sneed, D C Circuit, U S Court of Appeals for the D C Circuit, Carolyn Maloney, House Oversight Committee, Trump House, Mazars USA LLP, U S Court of Appeals for the 2nd Circuit

Appeals Court Finds Another Way To Stymie House’s McGahn Subpoena

After the full U.S. Court of Appeals for the D.C. Circuit had rejected its previous reasons for not enforcing the House’s Don McGahn subpoena, a right-leaning panel of appellate judges found another rationale to stymie the demand that he testify. By a 2-1 vote, the panel said on Monday that the House Judiciary Committee could not seek court enforcement of the subpoena without Congress first passing a law to give the House that right to do so. The two appellate judges, both Republican appointe...
Tags: News, Supreme Court, Congress, Senate, House, Committee, Rogers, Trump, Tierney Sneed, Congressional, D C Circuit, House Judiciary Committee, U S Court of Appeals for the D C Circuit, Judith Rogers, Don McGahn, Karen Henderson

Appeals Court Rejects Flynn Bid To Force Judge To End Criminal Case, No Questions Asked

Michael Flynn cannot force a federal judge to agree to drop criminal charges against the former national security adviser, a full panel of the U.S. Court of Appeals for the D.C. Circuit court ruled on Monday. The ruling means that U.S. District Judge Emmet Sullivan for the District of Columbia can proceed in examining why the Justice Department took the unprecedented step of dropping its criminal case against Flynn, after Flynn had pleaded guilty and then sought to withdraw his plea. In its o...
Tags: News, White House, Gop, District Of Columbia, Doj, Justice Department, Appeals Court, Trump, Bush, Tierney Sneed, Flynn, D C Circuit, District Court, Sullivan, U S Court of Appeals, Griffith

United States: "Hold Up, Wait A Minute" D.C. Circuit Rejects Copyright Board's Categorical Exclusion Of Internet Transmissions From Grandfathered Royalty Rates - Proskauer Rose LLP

On August 18 the D.C. Circuit directed the Copyright Royalty Board ("CRB") to reconsider what royalties are owed to artists by Music Choice for its streaming services
Tags: News, United States, D C Circuit, Copyright Royalty Board

Fastcase Names Its 10th Annual ‘Fastcase 50’ Honorees

Every year since 2011, the legal publisher Fastcase has presented its Fastcase 50 award, which honors 50 individuals who are judged to be the year’s “smartest, most courageous, innovators, techies, visionaries, and leaders in the law.” Today, Fastcase named its honorees for 2020, and the list includes a diverse group of lawyers, legal technologists, law librarians, judges, bar association leaders, legal innovators, startup founders, and others. Sadly, this year’s roster also includes four indivi...
Tags: Law, Uncategorized, Federal Trade Commission, Fastcase, Harvard Law School, Daniel, Michigan Supreme Court, Brad Smith, D C Circuit, U S Court of Appeals, Jeff Kelly, Bryan Stevenson, Cadwalader Wickersham Taft LLP, Ed Walters, Rohit Chopra, Georgetown University Law Center

Appellate Judges To DOJ: Is Court’s ‘Integrity’ At Stake In Flynn Dispute?

Multiple judges on the U.S. Court of Appeals for the D.C. Circuit suggested Tuesday that the “integrity” of the judicial branch was at stake in the dispute between Michael Flynn and the judge presiding over Flynn’s case. “The integrity and the independence of the courts is also encroached here,” Judge Cornelia Pillard told DOJ attorney Jeffrey Wall at Tuesday’s hearing, “The separation of powers is protecting Article III courts, also.” The full circuit court is currently considering whet...
Tags: News, Obama, Gop, Doj, Wall, Justice Department, Tierney Sneed, U S District Court, Sidney Powell, Flynn, D C Circuit, Wilkins, Sullivan, U S Court of Appeals for the D C Circuit, Griffith, Michael Flynn

Full DC Court of Appeals Hears Flynn Dispute With His Judge

The full U.S. Court of Appeals for the D.C. Circuit is hearing Tuesday arguments in the extraordinary dispute between Michael Flynn and his judge. The dispute centers on whether the judge is required to drop Flynn’s case now that the Justice Department has requested it be dismissed. The D.C. Circuit has already halted an order from a three-judge panel from its bench directing the judge, U.S. District Judge Emmet Sullivan, to immediately drop the case. The initial appeals court panel, which was m...
Tags: News, Gop, Justice Department, Flynn, D C Circuit, Sullivan, U S Court of Appeals, Michael Flynn, Emmet Sullivan, DC Court of Appeals, Josh Kovensky

Longtime D.C. Circuit Judge Dies Of COVID-19

Our thoughts go our to the jurist's family and friends at this difficult time.
Tags: Law, Deaths, Courts, D.C. Circuit, Coronavirus, COVID-19, Stephen F. Williams

Should Judge Sullivan Be Disqualified from Flynn Case? An Appeals Court Is Asking

Maybe Judge Luttig was right all along.I had the misgivings you’d expect back in late May, when I disagreed with J. Michael Luttig, the stellar scholar and former federal appeals court judge, regarding how the D.C. Circuit Court of Appeals should handle the Flynn case.At the time, that court’s three-judge panel had not yet heard oral argument on Michael Flynn’s mandamus petition — i.e., Flynn’s request that the panel find that federal district judge Emmet Sullivan was acting lawlessly. Sullivan ...
Tags: News, Supreme Court, Congress, Washington Post, United States, Fokker, Circuit, Doj, Cheney, Justice Department, Appeals Court, Trump, Democratic, U S District Court, Flynn, D C Circuit

Court rules House can enforce McGahn subpoena, but law professors say Trump's stalling already did its job

It's been more than a year since the Trump administration blocked House Democrats' attempt to secure testimony from former White House Counsel Don McGahn, a pivotal figure in the Mueller investigation. At the time, it appeared to be what former U.S. attorney Preet Bharara called a "stalling tactic," and a way for the Trump administration to "run out the clock" to a point where McGahn's testimony didn't matter anymore.Indeed, President Trump's impeachment trial came and went w...
Tags: News, Congress, White House, Harvard University, House, Biden, University Of Michigan, Trump, Preet Bharara, Calif, Congressional, D C Circuit, Adam Schiff, U S Court of Appeals, Laurence Tribe, Mueller

DC Circuit Holds That Congress Can Sue For McGahn Testimony

The full U.S. Court of Appeals for the D.C. Circuit affirmed Friday that Congress could turn to the courts to get its subpoena of President Trump’s former White House Counsel Don McGahn enforced. The circuit court roundly rejected McGahn’s arguments — previously adopted by a panel of three judges from the appeals court — that the judiciary should not get involved in these kinds of disputes between the legislative and executive  branches. Friday’s decision — while an important victory for the ...
Tags: News, Supreme Court, Congress, White House, House, House Of Representatives, Committee, Trump, D C Circuit, U S Court of Appeals for the D C Circuit, House Oversight Committee, DC Circuit, House of Congress, Don McGahn, McGahn, Mueller Investigation

Full Appeals Court To Rehear Dispute Over Flynn Judge’s Handling Of His Case

The full U.S. Court of Appeals for the D.C. Circuit will reconsider an order from a panel of its judges that sought to block Michael Flynn’s judge from probing the reasons the Justice Department wants Flynn’s case dropped. The announcement of the so-called en banc hearing means that the remarkable dispute over the DOJ’s dismissal request will rage on for at least a few more weeks. And it will allow the full D.C. Circuit — often dubbed the second most powerful court in the country — to wade in...
Tags: News, Supreme Court, White House, Russia, Fbi, Department Of Justice, Doj, Justice Department, Trump, Tierney Sneed, Flynn, D C Circuit, Sullivan, U S Court of Appeals, Michael Flynn, John Gleeson

United States: D.C. Circuit Backs FERC On Electric Storage Rule - Akin Gump Strauss Hauer & Feld LLP

The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission's (FERC or "Commission") Order No. 841, a 2018 rulemaking addressing electric storage resources.
Tags: News, United States, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, Feld LLP

Appeals Court Blocks Trump Appointee's Takeover of Web Nonprofit

A federal appeals court has blocked a bid by one of President Donald Trump's appointees to take over a government-funded nonprofit organization that fosters technology aimed at undermining internet censorship around the globe. From a report, shared by reader transporter_ii: The U.S. Court of Appeals for the D.C. Circuit issued an order Tuesday morning preventing U.S. Agency for Global Media CEO Michael Pack from installing a hand-picked board to replace the previously existing leadership of the ...
Tags: Senate, Tech, Donald Trump, Trump, D C Circuit, U S Court of Appeals, Michael Pack, U S Agency for Global Media, Appeals Court Blocks Trump Appointee

United States: D.C. Circuit Decision Upholds Access To Wholesale Markets For Energy Storage Resources, But Will More Litigation Follow? - Foley Hoag LLP

On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources.
Tags: News, United States, D C Circuit, FERC, Foley Hoag LLP

United States: D.C. Circuit Upholds FERC Ruling That Promotes The Participation Of Energy Storage Technologies - Holland & Knight

FERCs order effectively cleared the way for energy storage participation in organized markets a critical milestone in the deployment and monetization of energy storage resources into the utility grid.
Tags: News, United States, D C Circuit

Justices allow second federal execution to proceed (updated)

Two days after a flurry of late-night filings culminated in an early-morning order by the Supreme Court that allowed the federal government to proceed with the first federal execution in 17 years, the justices cleared the way early Thursday morning for a second execution. In a series of unsigned orders, the court permitted the government to carry out the death sentence of Wesley Ira Purkey, who was convicted of the 1998 rape and stabbing death of 16-year-old Jennifer Long. The justices split 5-4...
Tags: Featured, Supreme Court, Law, Congress, California, Indiana, United States, Catholic, District Of Columbia, Nelson, Buddhist, Lee, HARRIS, D C Circuit, Howe, Ginsburg

Trump Leaves Door Open For Flynn To Rejoin Administration: ‘He’s A Great Gentleman’

President Donald Trump alluded Tuesday that he would welcome retired Lt. Gen. Michael Flynn back into his administration now that the former national security adviser’s three-year legal battle over lying to the FBI during the Russia probe is close to evaporating. “He’s gone through hell. He’s been destroyed, but he’ll make a comeback,” Trump told CBS News’ Catherine Herridge during an exclusive interview on Tuesday. “He’s gonna make a great comeback.” When Herridge asked the Presiden...
Tags: News, Russia, Fbi, Donald Trump, Doj, Pardons, Justice Department, Trump, Mike Pence, Flynn, Roger Stone, D C Circuit, Sullivan, Defense Intelligence Agency, Barr, Michael Flynn

In overnight orders, justices allow federal execution to proceed

In the early hours this morning, after a flurry of last-minute filings, a divided Supreme Court cleared the way for federal executions to resume for the first time in nearly 20 years. According to news reports, the federal government then moved quickly to carry out an execution that had been scheduled for Monday afternoon, executing Daniel Lewis Lee at a federal prison in Indiana shortly after 8 a.m. EDT this morning. The battle over the federal government’s efforts to resume executions has been...
Tags: Featured, Supreme Court, Law, Court, Indiana, Department Of Justice, William, Nancy, Sonia Sotomayor, Lee, D C Circuit, Howe, Ginsburg, Peterson, U S Court of Appeals, Sotomayor

New Flynn Notes: ‘FBI Leadership’ Decided Not to Provide Russian Call Transcripts to Flynn in Interview

Newly released documents in the Michael Flynn case include a January 2017 DOJ draft memo that states “FBI leadership” decided against showing Flynn transcripts of his calls with the Russian ambassador in the White House interview that led to his guilty plea.The DOJ document, dated January 30, 2017, along with a batch of handwritten notes from DOJ and FBI officials describing Flynn’s White House interview with former FBI agent Peter Strzok and FBI agent Joseph Pientka on January 24, 2017, shed fu...
Tags: News, Obama, White House, Russia, Fbi, Fisa, Kremlin, Doj, Justice Department, Trump, Bureau, U S District Court, Sidney Powell, Flynn, Powell, D C Circuit

Hold Everything! Flynn’s Case Not Over Just Yet

The fight over whether a federal judge can scrutinize the Justice Department’s reasons for wanting Michael Flynn’s case dismissed will continue — at least temporarily. The full U.S. Court of Appeals for the D.C. Circuit on Friday put on hold an order that the judge immediately dismiss Flynn’s case. The now-frozen order was issued by two GOP appointees on a three-judge appellate panel, after Flynn made an extraordinary request that the appeals court intervene in how his judge, U.S. District Ju...
Tags: News, Fbi, Gop, Doj, Justice Department, Tierney Sneed, Flynn, D C Circuit, Sullivan, U S Court of Appeals for the D C Circuit, Michael Flynn, Emmet Sullivan, Bill Barr