DC Circuit

DC Circuit - The FindLaw DC Circuit Court of Appeals Opinion Summaries Blog


This might be the quickest circuit split we've ever seen: Within hours of each other, the D.C. Circuit and the Fourth Circuit each ruled on parallel challenges to Obamacare subsidies provided to individuals who purchase insurance through the federal exchange.

The D.C. Circuit "reluctantly" ruled against the government, holding that the unambiguous text of the statute, which provides only for subsides for insurance policies "enrolled in through an Exchange established by the State," supports the plaintiffs' contention that the IRS was not authorized to provide tax credits individuals using the federal exchange. A dissenting judge from the D.C. Circuit, as well as the Fourth Circuit, disagreed, holding that the language of the statute as a whole is ambiguous, and that the IRS's interpretation was a "permissible exercise of the agency's discretion."

It's an instant circuit split, one that could end up before the U.S. Supreme Court as early as next term, depending on whether en banc review in the two courts is sought or granted.

Sexual assault against women in the military is an unfortunate reality. As more and more women are speaking out, bringing the issue to national attention, so are more women trying to get legal remedies. Unfortunately, it's not as easy as one would think.

Twelve military women learned the hard way that sometimes justice is not served. Read on to learn more about their legal claims against the Secretary of Defense, and why those claims failed.

We wouldn't exactly call the D.C. Circuit the sleeper circuit, but let's just say that since it covers a small area, big headlines aren't made as frequently as say, the Second or Ninth Circuit. Not so, lately. As the Court sits in our nation's capital, it's getting politically charged lately with high profile cases making their way into the circuit.

Here's an update on changes to the bench, impending trials and controversies.

The District of Columbia, like other tourist-destination cities like New York and New Orleans, has professional requirements for tour guides to operate tours in the city, according to The Associated Press. Last week, the D.C. Court of Appeals struck down the requirements as unconstitutional, for violating the First Amendment, reports The Wall Street Journal.

So, basically, now tour guides can say whatever they want -- with no way to determine whether information is accurate.

The past few weeks have been busy for cases originating in the D.C. Circuit Court of Appeals. The Supreme Court of the United States granted certiorari in three cases, two of them related, and issued a decision today. The two related cases involve the interpretation of the Administrative Procedure Act, the third case granted cert. involves the delegation doctrine, while the High Court decision issued today interprets the Clean Air Act.

For details on these cases, read on.

Plaintiff-appellant Larry Klayman found a page on Facebook three years ago entitled "Third Palestinian Intifada." The page "called for Muslims to rise up and kill the Jewish people." Klayman contacted Facebook to remove the page, which it subsequently did, but apparently not quickly enough, reports Business Insurance.

Klayman sued Facebook and Mark Zuckerberg (collectively "Facebook") for intentional assault and negligent breach of a duty of care that allegedly, Facebook owed Klayman.

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The District of Columbia has some positions open for attorneys, so get your resumes ready. To start, the District of Columbia election for Attorney General has proven contentious with the public and politicians at odds about when the election should take place.

And in less controversial job hunting, the D.C. Court of Appeals has announced that the application period for the Criminal Justice Act Panel is now open.

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Today the District of Columbia Court of Appeals announced proposed changes to Circuit Rules 25, 26 and 32. These rules have been a long time coming, as they are designed to replace the requirements for Case Management / Electronic Case Files (CM/ECF) system, which were adopted by Administrative Order filed on May 15, 2009. The proposed rules would incorporate the CM/ECF requirements into existing Circuit Rules.

Here's a closer look at the changes.

The rallying cry for net neutrality is still gaining momentum, as the FCC announced this week that it is seeking public comment on a proposed set of net neutrality rules.

And, as the future of the Internet is up in the air, a district judge upholds a D.C. gun registration law. Read on to learn more.

As the country awaits the Supreme Court's decisions in Hobby Lobby and Conestoga regarding the Obamacare contraception mandates, related cases are making their way through circuit courts around the country.

While Hobby Lobby and Conestoga deal with secular, for-profit corporations and their ability to "exercise religion," another emerging trend in contraception mandate cases will likely be the next Obamacare case before the Court.