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

October 2013 Archives

Cabbies and Gun Owners Wait 'Patiently' For Days in Court

Cab drivers and gun owners -- two groups not known for their heroic patience -- are anxious to have their cases decided by the D.C. federal courts.

The cabbies are honking mad over a new slew of taxi regulations that may put a strain on the District's most veteran drivers. And the gun owners have fired off a petition to the D.C. Circuit appellate court, hoping it will force the D.C. district court to decide on the issue of public carrying of firearms.

Let's discuss these two impatient cases.

Senate Poised to Vote on D.C. Circuit Nominees

The Senate is preparing to vote on three nominees to the D.C. Circuit Court of Appeals, with an anticipated fight between Democrats and Republicans over their confirmations.

According to The Huffington Post, Senate Majority Leader Harry Reid (D-NV) filed a cloture motion on Monday, setting the Senate to vote on Patricia Millet's confirmation by the beginning of November.

Where does each of the three nominees stand?

EPA, Navistar Under Fire for Non-Compliant Engines

Big rig diesel engines have the EPA and manufacturer Navistar frequently in front of the D.C. Circuit this October, with the court hearing arguments on Tuesday about the EPA's regulation of below-standard engines.

According to Overdrive, rival truck manufacturers Daimler, Mack, and Volvo argued before the Court that "the EPA wrongly granted Navistar permission to manufacture and sell non-compliant engines if they paid a fine."

This fine -- called a non-compliance penalty (NCP) -- allowed Navistar to put engines that didn't meet nitrogen emissions standards until the clean air act. What does the D.C. Circuit think of all this?

FilmOn Wants to Broadcast Local Boston TV Online, Files Motion

Streaming company FilmOn filed a motion challenging a prior D.C. district court injunction, preventing the service from broadcasting local TV in various jurisdictions, including Boston.

According to Broadcasting & Cable, FilmOn argued in its newest motion to modify the prior injunction that a recent Massachusetts federal district court decision in favor of online broadcast of local TV has changed the law enough to make an exception for FilmOn in the First Circuit.

The D.C. court injunction already carves out an exception for online broadcast in the Second Circuit, so what is FilmOn's argument?

Shutdown Over, Future Hearings to Continue as Planned

Wednesday marked the government's 16th and final day of the government shutdown, and the D.C. Circuit was prepared on or around Thursday to reassess its position on the impasse.

According to USA Today, even astronauts were keeping up to date on the shutdown, as NASA had been reduced to less than 4% of its employees.

The D.C. Circuit isn't keeping its employees alive in a zero-G vacuum -- although publishing opinions may be rocket science -- but its services may have changed if the government shutdown continued.

3 Ways the D.C. Circuit Is Ignoring the Shutdown

In a time of governmental uncertainty, the D.C. Circuit isn't among the government institutions paralyzed by the federal government shutdown.

Like a Mr. Magoo wandering through a wildly dangerous construction site without his glasses, the court seems content to ignore the political squabbles that are giving furloughed employees and cable news pundits such great anxiety.

Here are just three ways in which the D.C. Circuit is ignoring the shutdown:

Charter School Managers Pocketed Millions in Scam: Lawsuit

Managers for the Options Public Charter School are accused of diverting millions of dollars in government funds toward their own businesses, and the District of Columbia is suing them for it.

According to The Washington Post, the Options school was intended to serve "the District's most troubled teens and students with disabilities," but at least $3 million earmarked for the school were allegedly siphoned away by sophisticated contracting scam.

The District's complaint claims these school managers funneled state money into their own private contracting businesses and much more.

Campaign Contributions Case Hits SCOTUS for Oral Arguments

As the Supreme Court opens its doors to hear arguments in the new session, one of the first cases they will hear deals with campaign contributions, and may set the stage for further expansion of First Amendment freedom of expression.

The High Court on Tuesday will hear oral arguments in McCutcheon v. Federal Election Commission, and SCOTUS will prepare to consider whether political contribution limits are just too much for the Constitution to bear.

What exactly is on the table in McCutcheon?

Out to Lunch: Top 5 Lunch Spots for the D.C. Circuit

Feel like the D.C. Circuit is out to lunch? They might be! With the wide variety of lunch options right around the courthouse, we wouldn't blame them. Since there is such a dearth of opinions from the court these days, we thought we would turn our focus to something else an attorney in the area might be interested in.

So if you're in the D.C. Circuit and feeling peckish, check out these five fabulous lunch spots:

This Week in Oral Arguments: Bin Laden's Publicist, Birthers, More

While the D.C. Circuit may be withholding any sort of published opinion from us all -- was it something we said? -- oral arguments are going off without a hitch.

As September wraps up and October begins, we take a look at three cases in oral arguments before the D.C. Circuit: a birther defamation suit, a Medicare adjustment case, and the conviction of Bin Laden's publicist.

These oral arguments may be setting the stage for a momentous 2013 - 2014 session.