DC Circuit: September 2012 Archives
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September 2012 Archives

D.C. Circuit Denies EPIC's Mandamus Writ on Nude Body Scanners

The D.C. Circuit is cutting the TSA some slack.

The Electronic Privacy Information Center (EPIC) submitted a Petition for Mandamus, asking the D.C. Circuit to require the Transportation Security Administration to issue a proposed rule on the airport body scanners within 60 days.

Financial Reformers, Beware the DC Circuit Court of Appeals!

Watch out, Elizabeth Warren! Wall Street has a powerful ally in the fight against financial reform. The D.C. Circuit Court of Appeals is turning out to be a banker's best friend.

While many cases involving Wall Street banks are heard in the Second Circuit Court of Appeals, the D.C. Circuit serves as the second-to-last stop for all regulatory agency related appeals. This would include appeals to regulations promulgated by the Securities and Exchange Commission.

D.C. Circuit Hears CIA Drone Information Challenge

The CIA hasn't declared that it deploys drones around the world to kill terrorists, but it still has to fight Freedom of Information Act (FOIA) requests about the possible program.

Thursday, attorneys from the Justice Department and the American Civil Liberties Union (ACLU) answered questions from the D.C. Circuit Court of Appeals about whether the government has confirmed the program, The Associated Press reports.

D.C. Circuit Lets Political Donors Stay Secret

A D.C. Circuit Court of Appeals panel ruled on Tuesday that 501(c)(4) organizations don't have to disclose the contributors who fund their "issue ads" during election cycles, reports CNN.

The decision upholds a Federal Elections Commission (FEC) rule providing that only those contributors who assent, in some reasonable way, to support an organization's electioneering must be disclosed to the public, National Review explains.

D.C. Circuit Doesn't Trust Average Joes with Phones

Have you ever looked at the D.C. Circuit Court of Appeals electronic devices policy?

If you're a member of the bar or the media, everything's A-O-K. If you're Joe Schmo trying to get a glimpse of the appellate court at work, you're S-O-L.

The general policy states, “Visitors may keep an electronic device (e.g., cell phone, laptop, iPhone, iPod, MP3 player, etc.) in the courthouse and annex if the device does not have a camera (still or video) or is not capable of recording audio.”

When Will TSA Start Notice and Rulemaking for Airport Scanners?

We've been flying a lot lately, so we've become all-too-familiar with the not-so-gentle touch of the Transportation Security Administration's enhanced patdown.

Why would we opt for a stranger's (literally) back-handed caress over the comparatively-painless backscatter? Because the TSA still hasn't complied with a D.C. Circuit Court of Appeals order to engage in proper rulemaking exercise to use the "naked scanners."

Principles, people.

Should We Call the D.C. Circuit the SCOTUS Feeder Court?

We’re in the final months of the presidential campaign season, so we all know that the outstanding judicial nominees for the D.C. Circuit Court of Appeals - Caitlin Halligan and Sri Srinivasan - will not see a confirmation hearing this year.

If Srinivasan were to get a hearing, he would probably be approved. He is currently serving as Deputy Solicitor General in the Obama administration, and his conservative credentials include clerkships with Justice Sandra Day O’Connor and Fourth Circuit Judge J. Harvie Wilkinson III. Srinivasan has bipartisan appeal

Halligan is a slightly tougher sell.

Court Remands Narcoterrorist's Ineffective Counsel Appeal

The first Afghan Taliban member to be tried in a U.S. federal court won a partial victory in the D.C. Circuit Court of Appeals this week, McClatchy reports.

While the appellate court upheld Khan Mohammed's narcoterrorism conviction on the merits, it remanded his case to the district court for an evidentiary hearing on his ineffective counsel argument.