Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Articles Posted in Constitutional Law
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Save Jobs challenged DHS's rule permitting certain visa holders to seek lawful employment. The rule permitted H–4 visa holders to obtain work authorization if their H–1B visa-holding spouses have been granted an extension of status under the Immigration and Nationality Act or are the beneficiaries of approved Form I–140 petitions but cannot adjust status due to visa oversubscription. The DC Circuit reversed the district court's finding that Save Jobs lacked Article III standing and granting of summary judgment for the Department. The court held that Save Jobs has demonstrated that the rule will subject its members to an actual or imminent increase in competition, and thus Save Jobs has Article III standing to pursue its challenge. The court remanded to give the district court an opportunity to thoroughly assess and finally determine the merits in the first instance. View "Save Jobs USA v. DHS" on Justia Law

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Roger Stone and members of his family petitioned for a writ of mandamus vacating the district court's orders modifying his conditions of release. Stone, a political consultant, was indicted on one count of obstruction of proceedings, five counts of false statements, and one count of witness tampering. Stone's charges stemmed from allegations that he obstructed investigations by Congress and the FBI into foreign interference in the 2016 presidential election. The DC Circuit dismissed the petition, holding that Stone and his family members failed to avail themselves of adequate alternative remedies and thus were not entitled to mandamus relief. The court held that Stone could have appealed under 18 U.S.C. 3145(c), which expressly provides for judicial review of a detention order; Stone could have challenged the conditional release orders by filing a notice of appeal within fourteen days after their entry, but failed to do so; and Stone's family members may move the district court to reconsider or modify the conditions of release and, if unsuccessful, appeal the denial of that motion. View "In re: Roger Stone, Jr." on Justia Law

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President Trump filed suit alleging that the House Committee on Oversight and Reform's investigation into his financial records serves no legitimate purpose. He sued to prevent Mazars, an accounting firm, from complying with the Committee's subpoena. The DC Circuit affirmed the district court's grant of summary judgment to the Committee, holding that the Committee possesses authority under both the House Rules and the Constitution to issue the subpoena, and Mazars must comply. The court held that, in issuing the challenged subpoena, the Committee was engaged in a legitimate legislative investigation, rather than an impermissible law enforcement inquiry; at bottom, the subpoena is a valid exercise of the legislative oversight authority because it seeks information important to determining the fitness of legislation to address potential problems within the Executive Branch and the electoral system; it does not seek to determine the President's fitness for office; and the documents sought are reasonably relevant to the Committee's legitimate legislative inquiry. Finally, the court held that it had no need and no authority to interpret the House Rules narrowly to deny the Committee the authority it claims. View "Trump v. Mazars USA, LLP" on Justia Law

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Plaintiffs filed suit alleging that the government unlawfully has permitted funds for promoting the pork industry to be used instead for lobbying on the industry's behalf. The DC Circuit held that plaintiffs offered no evidence that the Board's alleged misuse of checkoff funds caused them to suffer an injury in fact, and therefore the court vacated the district court's order and remanded with instructions to dismiss the case for lack of standing. In this case, a pork farmer's declaration failed to assert a diminish return on investment, a reduced bottom line, or any similar economic injury; nor did it provide evidence that the Board's alleged misadventures have reduced the price of pork. View "Humane Society of the United States v. Perdue" on Justia Law

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The DC Circuit denied a petition for review challenging the Commission's 2018 rule allowing investment companies to post shareholder reports online and mail paper copies to shareholders upon request. Petitioners argued that the SEC did not adequately consider the interests of shareholders who prefer reports in paper form. The court held, however, that the consumer organization lacked Article III standing. In this case, the organization could not reasonably have believed that its barebones affidavit, vaguely describing the preferences and burdens of unnamed members and others, sufficed to prove its representational standing; nor could it reasonably have believed that its standing was self-evident from the rulemaking record. The court also held that the paper-industry representatives asserted interests beyond those protected or regulated by the securities laws. Applying Hazardous Waste Treatment Council v. Thomas, 885 F.2d 918, 921–22 (D.C. Cir. 1989), the court held that the conflict between the interests of paper sellers and those of shareholders is likely to increase over time, and this suggests a systematic misalignment with shareholder preferences, which makes paper companies distinctly unqualified to advance the interests of shareholders. View "Twin Rivers Paper Co., LLC v. SEC" on Justia Law

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Plaintiffs won the 2017 diversity visa lottery but were denied visas pursuant to the State Department's Guidance Memo. The Guidance Memo instructed consular officers reviewing diversity visa applications about how President Trump's Executive Order temporarily prohibiting nationals of specific countries from entering the United States (EO2) affected visa eligibility. In this case, plaintiffs were denied visas because they were from Iran and Yemen—countries subject to the entry ban—and could not qualify for exemptions or waivers or satisfy the bona fide relationship requirement in Trump v. Int'l Refugee Assistance Project (IRAP I), 137 S. Ct. 2080, 2088 (2017). After EO-2 expired, it was replaced by President Trump's third iteration of the travel ban, the Proclamation. After the Supreme Court explained that challenges to the expired EO-2 were moot, and the government then filed a motion to dismiss this case as moot. The DC Circuit reversed the district court's determination that this case was moot, and held that plaintiffs' claims -- seeking a court order instructing the government to stop implementing the Guidance Memo, process their visa applications, and issue them diversity visas -- were not moot because whether the district court retains the authority to award plaintiffs relief is a merits question. The court held that neither plaintiffs' claim that such relief was legally available nor their claim that they were entitled to that relief was so implausible as to deprive the district court of jurisdiction. Furthermore, there was some chance that this relief would be effective at securing their immigration to the United States. View "Almaqrami v. Pompeo" on Justia Law

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Exhaustless petitioned for review of the FAA's latest interim orders limiting the number of flights serving LaGuardia and John F. Kennedy Airports in New York and seeking implementation of Exhaustless's patent-pending product to manage the allocation of takeoff and landing slots to airlines. The DC Circuit dismissed the petitions based on lack of standing, holding that the company failed to demonstrate that vacating the interim FAA orders would redress its injury—i.e., a lack of market opportunity for its product. Furthermore, vacating the interim orders would leave takeoffs and landings at the airports unregulated, eliminating the need for the company's product at the federal level. To the extent that Exhaustless argued that the local airport authority could employ its product if there were no federal regulation, the court found any such possibility too speculative to support standing. View "Exhaustless Inc. v. FAA" on Justia Law

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Plaintiff filed suit alleging that DHS engaged in discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The district court granted summary judgment for DHS and denied plaintiff's motion to stay proceedings to allow for discovery. The DC Circuit held that the district court erroneously concluded that the evidence sought by plaintiff could not create a dispute of material fact as to whether DHS's proffered reasons for taking adverse action were pretextual. The court also held that summary judgment was inappropriate with respect to plaintiff's claim that her reassignment to the Resource Management Branch was retaliatory. However, summary judgment was appropriate with respect to DHS's initial decision to extend her detail, because plaintiff did not create a genuine dispute of material fact. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Cruz v. McAleenan" on Justia Law

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The District violates the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 if it cares for a mentally or physically disabled individual in a nursing home notwithstanding, with reasonable modifications to its policies and procedures, it could care for that individual in the community. Plaintiffs, a class of physically disabled individuals who have been receiving care in District nursing homes, sought an injunction requiring the District to alter its policies and procedures in order to help them transition to the community. The DC Circuit reversed the district court's judgment in favor of the District, holding that plaintiffs need not identify "concrete, systemic deficiency" in the District's transition services; there was no class certification issue; and the district court has not yet concluded, in clear terms and under the correct burden of proof, that the District's Olmstead Plan (a comprehensive, effectively working plan for placing qualified persons with physical disabilities in less restrictive settings) was adequate. Accordingly, the court remanded for further proceedings. View "Brown v. District of Columbia" on Justia Law

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The DC Circuit reversed the district court's grant of summary judgment for the Architect with respect to plaintiff's discrimination claims, holding that there was sufficient evidence for a reasonable jury to infer that the 2014 and 2015 decision not to select plaintiff as Branch Chief was motivated by bias. The court affirmed the district court's grant of of summary judgment with respect to plaintiff's retaliation claims, holding that plaintiff failed to introduce anything beyond his weak evidence of temporal proximity to show that the Architect's decisions were motivated by a desire to retaliate against him. Furthermore, even if it were to adopt plaintiff's interpretation of the relevant dates and find that he has established a prima facie case for retaliation using evidence of temporal proximity, there would still be insufficient evidence to defeat summary judgment. View "Iyoha v. Architect of the Capitol" on Justia Law