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Tag Archives: Circuit

Republicans Plan Two Front Battle to Short Circuit Health Care Reform Before Obama Gives State of the Union Address

The big news as America gets ready to zip it of the traditionally slow news weekend called New Year’s Eve weekend to another full-fledged news cycle is that the Republicans have made it clear that they will vote to repeal President Barack Obama’s healthcare reform program before he delivers his State of the Union address. […]

Big Second Amendment Opinion from the Fourth Circuit, Related to the Ban on Gun Possession by Domestic Violence Misdemeanants

(Eugene Volokh) The opinion is United States v. Chester, just decided today; thanks to Prof. Doug Berman (Sentencing Law & Policy) for the pointer. I’ll blog more after I read it, but here’s the conclusion from the two-judge majority: We cannot conclude on this record that the government has carried its burden of establishing a […]

Cato and My Amicus Brief in Sixth Circuit

(Randy Barnett) On Wednesday, the Cato Institute and I filed an amicus brief in the lawsuit brought by the Thomas More Law Center. (This is the complaint dismissed by District Court Judge Steeh prior to District Court Judge Hudson finding the individual mandate to be unconstitutional.) In our brief, we describe the existing doctrine governing […]

Congratulations to Orin, for Having One of His Posts Cited in a Fifth Circuit Opinion

(Eugene Volokh) From U.S. v. Ibarra-Luna (5th Cir. Dec. 22), n.14: The charging document for the 2003 offense nominally alleges that Ibarra “knowingly delivered by actual transfer,” “by constructive transfer,” and “by offering to sell.” Notwithstanding this language, a conviction would require the government to prove only one of these allegations, not all three, and […]

Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement

(Orin Kerr) In the last three years, three federal circuits have published opinions on whether the Fourth Amendment applies to e-mail (dividing 2–1). In all three cases, the initial panel opinions were withdrawn or overturned on other grounds, leaving the issue surprisingly unsettled. This morning, the Sixth Circuit handed down an opinion by Judge Boggs […]

D.C. Circuit Denies Stay Request in Greenhouse Gas Cases

(John Elwood) Today the D.C. Circuit (panel of Ginsburg, Tatel, Brown) denied the request of those challenging the EPA’s suite of greenhouse gas regulations to stay the regulations pending the outcome of the litigation. The order is available here. The Volokh Conspiracy

7th Circuit to Conrad Black: No Reply Brief for You!

(John Elwood) Last Term, the Supreme Court vacated former executive Conrad Black’s conviction on the ground that the “honest services” fraud instructions given in his case were invalid under Skilling v. United States, and remanded for a determination whether the error was harmless. On remand, the Seventh Circuit (Posner, Kanne, and Sykes–under circuit procedure, the […]

ACLU Appeals 9th Circuit Jeppesen Decision to SCOTUS

When the original three member panel opinion in Mohamed v. Jeppesen Dataplan, Inc. was issued by the 9th Circuit in late April of 2009, it was a breath of fresh air. Judge Michael Hawkins authored a thoughtful, well reasoned and heartening opinion placing appropriate curbs on the ability of the Executive Branch to silence wronged […]

Proposition 8 Has Its Day In Court In The 9th Circuit

Yesterday, California’s Proposition 8, which had been declared unconstitutional by a Federal Judge over the summer, was the subject of a two hour long hearing before a three-judge panel of the 9th Circuit Court of Appeals: SAN FRANCISCO — A federal appellate panel heard animated arguments for and against California’s ban on same-sex marriage on […]

Ninth Circuit panel considers Proposition 8

(Paul) Tonight, I watched the replay of the oral argument before the Ninth Circuit in the appeal of a district court decision overturning Proposition 8. The argument consisted of two phases – standing and the merits. As to standing, even the liberal judges seemed slightly offended by the notion that, through a refusal to defend […]

9th Circuit Oral Argument in SSM Case

(Orin Kerr) You can watch it now live at C-Span. The Volokh Conspiracy

Perry v. Schwarzenegger 9th Circuit Oral Argument Liveblog

Liberty & Justice by Mirko Ilic See bmaz’s intro explaining what will go on during the hearing here. Follow along on CSPAN and California Channel. [This graphic is by Mirko Ilić. Please visit Mirko and check out his stock of work.] We’re doing the standing question now. Defendant-Intervenor’s Cooper is up. First question notes that […]

Perry v. Schwarzenegger 9th Circuit Oral Argument Liveblog Primer

Liberty & Justice by Mirko Ilic Emptywheel and Firedoglake have covered the groundbreaking marriage equality civil rights litigation in Perry v. Schwarzenegger from the outset. today is the critical appeal in the 9th Circuit and it is being televised on CSPAN live. In a separate dedicated post, Marcy Wheeler will be liveblogging and I will […]

Judge Robert Chatigny’s Nomination To Second Circuit Court Of Appeals Is In Jeopardy; Postponed Yet Again

The long-running nomination of federal court Judge Robert Chatigny to the prestigious Second Circuit Court of Appeals in New York City is in jeopardy. The Hartford Courant’s longtime court reporter, Edmund Mahony, has the details at,0,160877.story Capitol Watch

Ninth Circuit Panel for Prop 8 Case

(Dale Carpenter) The panel hearing the Prop 8 appeal on December 6 will be Judges Stephen Reinhardt, Michael Daly Hawkins, and N. Randy Smith. It’s a good draw for opponents of Prop 8. The two issues on appeal are whether the Prop 8 proponents have standing to appeal and, if so, whether Judge Vaughn Walker […]