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Dc Circuit

What's Next for the Clean Power Plan?

David Doniger | Posted 02.16.2016 | Green
David Doniger

Some observers immediately suggested that the stay vote portends the Plan's eventual defeat if it returns to the Supreme Court on the merits. That conclusion is unwarranted, in my view.

Polluters' Last-Ditch Bid to Stay Clean Power Plan Faces Long Odds at Supreme Court

David Doniger | Posted 02.04.2016 | Green
David Doniger

Just days after the federal court of appeals in Washington rejected their bid to block President Obama's Clean Power Plan, the coal industry and its political allies are pleading for immediate relief from the U.S. Supreme Court.

FBI Agents Accused Of Torturing U.S. Citizen Abroad Can't Be Sued

The Huffington Post | Cristian Farias | Posted 10.23.2015 | Politics

Federal agents who illegally detain, interrogate and torture American citizens abroad can't be held accountable for violating the Constitution. A divi...

County That Gutted The Voting Rights Act Won't Be Paid For Its Effort

The Huffington Post | Cristian Farias | Posted 09.02.2015 | Politics

It's been more than two years since the Supreme Court dealt a major blow to the Voting Rights Act of 1965, and the case is still moving through the co...

Nuking Obstruction: This Could Be the Start of Something Big

Nan Aron | Posted 01.25.2014 | Politics
Nan Aron

The Democrats needed to act, and they did. The threshold for ending debate is now a simple majority and not a super-majority. It was an astonishing and historic moment.

Jennifer Bendery

Obama Backs Senate Filibuster Reform: 'Enough Is Enough'

HuffingtonPost.com | Jennifer Bendery | Posted 11.21.2013 | Politics

WASHINGTON -- President Barack Obama on Thursday endorsed the move by Democrats to revamp Senate filibuster rules to make it easier for the majority p...

The Vote That Will Change America

Doug Kendall | Posted 01.25.2014 | Politics
Doug Kendall

Our federal government was designed as a republic. Within this system, and over time, elections were to have consequences and enlightened public opinion was to govern. Extra-constitutional appendages like the filibuster, abused by minority parties, have moved us away from that vision. Instead, our government is in perpetual gridlock, and the American people have lost faith in their government to even function properly. Even after this rules change, one of our parties must still win the House, the Senate, and the presidency before radically changing our country. That's no small feat. It will often require victories over the course of several elections. That's probably as it should be. Change ought to be possible, but only when one of our parties really earns it. The filibuster gave a small minority in the Senate outsized power to stifle the will of the people.

Jennifer Bendery

AGs Reject Chuck Grassley Effort To Shrink D.C. Circuit Court

HuffingtonPost.com | Jennifer Bendery | Posted 11.20.2013 | Politics

WASHINGTON -- A dozen state attorneys general are urging the Senate to reject an effort by Sen. Chuck Grassley (R-Iowa) to strip the D.C. Circuit Cour...

Republicans' D.C. Circuit Freak-out Endangers Justice

Nan Aron | Posted 01.23.2014 | Politics
Nan Aron

We believe no court, and certainly not the crucial D.C. Circuit, should be forced to do its job with 27 percent of its seats empty. Nominating qualified men and women for vacant judgeships isn't some kind of illegitimate act, or underhanded power grab.

Jennifer Bendery

GOP Senator Tries To Trick Obama Nominee Into Bashing Other Nominee

HuffingtonPost.com | Jennifer Bendery | Posted 09.12.2013 | Politics

WASHINGTON -- Sen. Chuck Grassley (R-Iowa) tried to get D.C. Circuit court nominee Robert Wilkins to criticize statements made by another of President...

Jennifer Bendery

Republicans Wrongly Accuse Obama Of Court-Packing -- Again

HuffingtonPost.com | Jennifer Bendery | Posted 07.25.2013 | Politics

WASHINGTON -- It may not be factually accurate, but some Republican senators just can't resist accusing President Barack Obama of "court-packing" as h...

A 'Pack' of Nonsense

Doug Kendall | Posted 08.07.2013 | Politics
Doug Kendall

The claim from the right is that President Obama is attempting to use these appointments to advance his policy agenda. This gets it exactly backwards. It is conservatives who have, successfully, used appointments to the D.C. Circuit to advance their policy agenda in recent years.

Jennifer Bendery

Senate Republicans Divided On Moving Obama's Judicial Nominees

HuffingtonPost.com | Jennifer Bendery | Posted 06.07.2013 | Politics

WASHINGTON -- Senate Majority Leader Harry Reid (D-Nev.) has been signaling he may pick a fight on filibuster reform this summer, and a major litmus t...

Where Is Axelrod's Mustache? Obama on the Court -- Now and Later?

Douglas Kmiec | Posted 08.05.2013 | Politics
Douglas Kmiec

The president has thrown down the executive gauntlet to the Senate for preventing too many of his judicial nominees from getting an up or down vote. (Insert yawn here). The news was not President Obama's announced frustration, but how patient he was in manifesting it.

Jennifer Bendery

Republicans Charge Obama With Court-Packing For Trying To Fill Empty Seats

HuffingtonPost.com | Jennifer Bendery | Posted 05.29.2013 | Politics

WASHINGTON -- Republican senators are fuming about President Barack Obama's attempt to fill empty seats on the D.C. Circuit Court of Appeals, charging...

Amanda Terkel

Obama Judicial Nominee Earns Backing From Key Republican Senator

HuffingtonPost.com | Amanda Terkel | Posted 04.10.2013 | Politics

WASHINGTON -- Sri Srinivasan, the principal deputy solicitor general of the United States, received a boost in his nomination to the prestigious U.S. ...

It's Time to Confirm Caitlin Halligan

Marcia D. Greenberger | Posted 04.17.2013 | Politics
Marcia D. Greenberger

If confirmed, Ms. Halligan would become only the sixth female judge in the D.C. Circuit's history, providing sorely-needed diversity to the federal bench. The whole country has a stake in her confirmation.

Judicial Activism and Recess Appointments

Peter M. Shane | Posted 04.02.2013 | Politics
Peter M. Shane

What is striking about the DC Circuit opinion is not its bottom line, but the scope of its reasoning. Despite a pretense of constitutional modesty, the court decided the Recess Appointments issue on the broadest possible ground.

Two More Reasons Why the D.C. Circuit is Wrong, Wrong, Wrong on Recess Appointments

Peter M. Shane | Posted 04.01.2013 | Politics
Peter M. Shane

Congress can work mischief of its own. The Senate can hold up patently qualified nominees interminably. Or a majority of the House of Representatives may disable the Senate from going into "the recess" for no reason other than to preserve the filibustering prerogatives of a Senate minority.

Making Mischief with Recess Appointment Authority -- The DC Circuit Adds New Ways to "Just Say No"

Douglas Kmiec | Posted 03.31.2013 | Politics
Douglas Kmiec

Having few ideas of one's own and repeatedly finding a way to deny Democratic action to meet modern day problems can hardly be claimed as a Senatorial privilege -- which, of course, it is not.

Permitting Legislative Repeal by Blocking Nominations: The DC Circuit Recess Appointment Disaster

Peter M. Shane | Posted 03.29.2013 | Politics
Peter M. Shane

Of course, the Senate is not intended to be a rubber stamp. But stalling nomination votes simply to keep laws from being enforced -- effectively repealing the laws that cannot be enforced without the nominees in place -- is utterly inconsistent with the Senate's proper confirmation role.