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D.C. Circuit Court

536 ABA Journal D.C. Circuit Court articles.

Trump doesn’t have official-act immunity in Capitol-riot suits if actions stemmed from candidacy, DC Circuit says

Former President Donald Trump does not have official-act immunity, at least at this stage of the litigation, in lawsuits blaming him for the Capitol riot on Jan. 6, 2021, a federal appeals court ruled on Friday.

Dec 1, 2023 2:30 PM CST

Supreme Court to decide whether ATF can prohibit bump stocks under law banning machine guns

The U.S. Supreme Court has agreed to decide whether the Bureau of Alcohol, Tobacco, Firearms and Explosives can prohibit bump stocks under a law banning machine guns and parts intended to convert weapons into machine guns.

Nov 6, 2023 1:10 PM CST

Judge extends gag order to lawyers in one Trump case while appeals court issues stay in another

Gag orders imposed against former President Donald Trump in two cases are back in the news.

Nov 6, 2023 9:50 AM CST

Trump’s claim of absolute immunity isn’t supported by Supreme Court precedent

Former President Donald Trump has little precedent to help him in his bid to dismiss the election-interference charges against him based on a claim of presidential immunity.

Oct 19, 2023 9:51 AM CDT

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.

Sep 13, 2023 3:47 PM CDT

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?

Aug 24, 2023 1:07 PM CDT

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.

Jul 19, 2023 12:26 PM CDT

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.

Apr 11, 2023 11:54 AM CDT

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.

Mar 3, 2023 9:32 AM CST

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.

Mar 1, 2023 9:31 AM CST

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.

Jan 10, 2023 8:29 AM CST

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.

Jan 9, 2023 9:55 AM CST

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.

Jan 9, 2023 8:35 AM CST

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.

Jan 4, 2023 12:03 PM CST

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.

Dec 20, 2022 10:08 AM CST

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