The majority fails to consider the relevant history of congressional oversight of the executive branch.
Latest in D.C. Circuit
A divided panel on the U.S. Court of Appeals for the D.C. Circuit decided on Aug. 31 that the House of Representatives' lawsuit to enforce their subpoena against former White House counsel Don McGahn must be dismissed.
Summary: En Banc D.C. Circuit Rules that House Committee has Standing to Sue to Enforce McGahn Subpoena
On August 7, the U.S. Court of Appeals for the District of Columbia Circuit, sitting en banc, decided Committee on the Judiciary v. McGahn. What’s in the ruling?
On Friday the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, found that the House Judiciary Committee has standing to bring a lawsuit to enforce their subpoena against former White House counsel Don McGahn.
On June 1, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia submitted a brief to the U.S. Court of Appeals for the D.C. Circuit outlining his rationale for declining to immediately dismiss the case against former national security adviser Michael Flynn after the Justice Department moved to drop their charges. A panel of judges on the D.C. Circuit had ordered Sullivan on May 21 to respond to an emergency request by Flynn that the appeals court force him to drop the case.
The U.S. Court of Appeals for the D.C. Circuit has denied President Trump's petition for a rehearing en banc in Donald J. Trump v. Mazars, LLP et al. The order was issued per curiam with Judges Karen Henderson, Gregory Katsas and Neomi Rao dissenting. The court also denied a motion for a panel rehearing. Both orders can be view below.
Denial of Rehearing En Banc
With data breach incidents on the rise, federal courts are grappling with the issue of standing in class action lawsuits arising from data breaches.
Stuart McKeever has petitioned the U.S. Court of Appeals for the D.C. Circuit for a rehearing en banc in McKeever v. Barr, concerning the judiciary's inherent authority to release grand jury material. A D.C. Circuit panel ruled against McKeever in early April, finding that courts do not have such authority. The petition is available here and below.
On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him.
This Wednesday at 9:30 a.m., a three-judge panel of the D.C. Circuit (Rogers, Tatel and Griffith, JJ.) will hold a rare August argument session to hear the latest petition for a writ of mandamus from the Guantánamo military commissions.