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

May 2013 Archives

The D.C. Circuit Court of Appeals announced in its press release that it will begin offering oral argument audio recordings online.

The recordings will be free of charge and will be posted on the court's website by 3:00 p.m. the same day of the oral argument. Be on the lookout for this much appreciated level of public access as it becomes available starting in the court's 2013-2014 term on September 9, 2013.

Should what goes on in the jury room stay in the jury room? Not always, according to a recent D.C. Court of Appeals opinion on post-verdict challenges of juror misconduct. The court has carved out an exception to the No-Impeachment Rule when there is an allegation of racial or ethnic bias.

The court’s decision allowing judges to investigate jurors is narrow; only when substantial allegations of racial or ethic bias affect a defendant’s constitutional rights. In this case, the judge did not err in inquiring about jurors after a verdict was made. There was a valid question as to whether the constitutional right of the defendant was in jeopardy based on an allegation of racial or ethnic bias of one juror.

D.C. Circuit Sets Trend for Obama Recess Appointment Cases

The D.C. Circuit Court takes the lead, and the rest shall follow. Back in January of this year, the court found President Obama's recess appointments unconstitutional. Now the Third Circuit is following in its footsteps with a similar decision.

The circumstances of Obama's recess appointments involve a fight over technicalities much like an old Friends episode where Ross would continue to declare to Rachel, "We were on a break!"

Sri Srinivansan Approved for D.C. Circuit ... Wait, Who?

When you've argued at least 20 cases before the U.S. Supreme Court, and worked in the Solicitor General's Office for two different administrations (Bush II and Obama), and Jeffrey Toobin, author of The Nine, (a personal favorite) writes a New Yorker feature on you, titled, "The Supreme Court Nominee-in-Waiting," some idiot blogger shouldn't be wondering who you actually are.

Still ... who is Sri Srinivansan? Who is the man who worked for Republicans, worked for Democrats, and now has been unanimously approved to the right-leaning D.C. Circuit by a left-leaning president -- after years of Republicans blocking President Obama's nominees?

D.C. Circuit Spanks NLRB a Second Time; Kills Notice Rule

In January, the D.C. Circuit gave the proverbial bench-slap to President Barack Obama and the National Labor Relations Board, holding that Obama’s appointments to the NLRB during a Senate recess were unconstitutional. Earlier this week, the D.C. Circuit did it again, invalidating a rule promulgated by the NLRB that required employers to post notices detailing workers’ rights regarding unions.

The court issued an injunction in April 2012 after two lower courts came to differing conclusions about whether the rules exceeded the board’s authority. The court noted in its opinion that the Fourth Circuit currently has a pending South Carolina case regarding the rule.