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

The case involves a challenge to the Department of Defense's (DoD) authority to impose time-in-service requirements for expedited naturalization of noncitizen servicemembers under the Immigration and Nationality Act (INA). Historically, the DoD certified noncitizens' honorable service for naturalization without a time-in-service requirement. However, in 2017, the DoD issued a policy requiring a minimum of 180 days of active-duty service or one year for reservists before certifying honorable service. In 2020, a group of noncitizen servicemembers challenged this policy under the Administrative Procedure Act (APA).The United States District Court for the District of Columbia granted summary judgment to the plaintiffs, finding the policy arbitrary and capricious, contrary to law, and that the DoD's role in certifying honorable service was purely ministerial. The court vacated the time-in-service requirement and enjoined the DoD from withholding certification based on the policy. The DoD appealed the decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. During the appeal, the DoD rescinded the challenged policy and did not introduce a replacement. The court determined that the case was moot due to the rescission of the policy and dismissed the appeal. The court also vacated the district court's judgment, finding no indication that the DoD rescinded the policy to evade review and emphasizing the need to clear the path for future litigation on the issue. View "Samma v. DOD" on Justia Law

Captain Matthew Hight trained with the Saint Lawrence Seaway Pilots Association from 2015 to 2018 to become a maritime pilot on Lake Ontario and the St. Lawrence River. The Great Lakes Pilotage Act of 1960 requires certain ships on these waters to have a registered pilot on board. The Coast Guard oversees the registration of American pilots and supervises private pilotage associations responsible for training new pilots. Hight applied for registration in 2018, but the Pilots Association recommended denial, citing incomplete training and concerns about his temperament. The Coast Guard denied his application after an independent review.Hight challenged the decision in the United States District Court for the District of Columbia, arguing that the Coast Guard acted arbitrarily and capriciously, unconstitutionally delegated authority to the Pilots Association, and violated the First Amendment by requiring him to train with and join the Pilots Association. The district court rejected all claims, finding that the Coast Guard's decision was supported by substantial evidence, including Hight's failure to complete the required training and concerns about his temperament.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Coast Guard's decision was reasonable and supported by the record, as Hight had not completed the required supervised trips on the St. Lawrence River. The court also found that the Coast Guard did not unconstitutionally delegate authority to the Pilots Association, as the association's role was limited to providing advice and gathering facts. Finally, the court determined that Hight's First Amendment claim regarding mandatory association membership was not ripe for review, as he was not yet eligible to join the Pilots Association. The court affirmed the district court's judgment. View "Hight v. DHS" on Justia Law

In this case, Iran provided material support for a Taliban attack that killed thirty Americans, including Navy special forces operator Kraig Vickers. Vickers' family sued Iran under the Foreign Sovereign Immunities Act (FSIA), which allows for such suits against state sponsors of terrorism. The district court awarded damages to most of Vickers' family but dismissed the claim of his daughter, K.E.F.V., who was born two months after his death.The United States District Court for the District of Columbia held a three-day evidentiary hearing and concluded that Iran was a state sponsor of terrorism that had provided material support for the attack. The court then determined damages for twenty-three plaintiffs and appointed special masters to recommend damages for the remaining plaintiffs, including the Vickers family. The special master recommended solatium damages for each family member, but the district court dismissed K.E.F.V.'s claim, stating that she could not recover solatium because she was born after her father's death.The United States Court of Appeals for the District of Columbia Circuit reviewed the case de novo. The court found that the FSIA does not preclude after-born plaintiffs from recovering solatium and that well-established state tort law, including wrongful death statutes, supports the recovery of damages by children born after a parent's death. The court concluded that K.E.F.V. is entitled to solatium for the loss of her father's comfort and society, regardless of her birth date relative to his death. The court reversed the district court's decision and remanded the case for further proceedings consistent with its opinion. View "K.E.F.V. v. Islamic Republic of Iran" on Justia Law

Accuracy in Media (AIM) filed a Freedom of Information Act (FOIA) request with the Central Intelligence Agency (CIA) seeking records about American service members who were prisoners of war (POWs) or missing in action (MIA) from the Vietnam War and potentially still alive in Laos or Vietnam. The CIA conducted a search using specific terms but did not find any responsive records. AIM challenged the adequacy of the CIA's search, arguing that the search terms were insufficient.The United States District Court for the District of Columbia granted summary judgment in favor of the CIA, concluding that the search terms used by the CIA were reasonably likely to yield the requested records if they existed. The court also noted that the plaintiffs' evidence did not significantly suggest that the requested files were in the CIA's current operational files.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and found that the CIA's search terms were inadequate. The court noted that the search terms omitted key terms such as "Laos," "live sighting," "imagery," "reconnaissance," and "rescue," which were relevant to the FOIA request. The court also found that the CIA did not adequately explain why certain terms were used and others were omitted. The court held that the CIA failed to show beyond material doubt that its search was reasonably calculated to uncover all relevant documents.The Court of Appeals reversed the district court's grant of summary judgment to the CIA and remanded the case for further proceedings consistent with its opinion, requiring the CIA to either conduct a new search or provide a supplemental affidavit with adequate search terms and explanations. View "Hall v. CIA" on Justia Law

A dispute arose regarding the National Labor Relations Board’s (NLRB) rule on when one entity is considered a joint employer of another entity’s employees. The NLRB determined that Google was a joint employer of Cognizant employees working on Google’s YouTube Music platform and ordered both companies to bargain with the employees’ union, the Alphabet Workers Union-Communication Workers of America, Local 9009 (AWU). Google and Cognizant refused to bargain, leading the NLRB to conclude that this refusal violated the National Labor Relations Act (NLRA). The employers petitioned for review, arguing they were not joint employers, but the contract under which the employees provided services to Google expired, rendering the petitions and the Board’s cross-applications for enforcement moot. The Union also petitioned for review, contending that the NLRB’s remedies were insufficient.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the expiry of the Google-Cognizant contract meant there was no longer any relationship to support the joint-employer finding, making the case moot. The court dismissed Google’s and Cognizant’s petitions and the Board’s cross-applications as moot and vacated the order below. The court also dismissed as jurisdictionally barred the part of AWU’s petition seeking review of the NLRB’s decision to sever the issue of a make-whole remedy for employees and dismissed as moot those parts of AWU’s petition seeking prospective remedies.The court denied the remainder of AWU’s petition, concluding that the NLRB did not abuse its discretion by ordering only the customary remedies. The court emphasized that the Board’s choice of remedies is primarily within its province and subject to very limited judicial review. View "Alphabet Workers Union-Communication Workers v. NLRB" on Justia Law

Fahmi Ahmed Moharam, a dual United States-Yemeni citizen, frequently travels between the two countries. In 2017, he was denied boarding a flight from Saudi Arabia to the U.S. and learned through the Transportation Security Administration (TSA) redress process that he was on the No Fly List. The government provided minimal information, citing national security concerns, and stated that his designation was based on his activities in Yemen from 2011 to 2017. After petitioning for review, the government informed him that he was no longer on the No Fly List and would not be relisted based on the currently available information.The TSA is mandated by statute to identify individuals who may pose a threat to civil aviation or national security and prevent them from boarding aircraft. The TSA also manages the Department of Homeland Security (DHS) Traveler Redress Inquiry Program (TRIP), which allows individuals to appeal their inclusion on the No Fly List. Moharam appealed through TRIP and was initially informed that he was on the list due to concerns about his activities in Yemen. Despite his requests for more information and administrative review, the TSA maintained his status on the list until the government later removed him.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that Moharam's removal from the No Fly List rendered his petitions for review moot, as the court could no longer provide effective relief. The court noted that the government’s assurance that Moharam would not be relisted based on the same information addressed the issue of potential recurrence. Consequently, the court dismissed the petitions for lack of jurisdiction, as the relief sought was no longer redressable. View "Moharam v. TSA" on Justia Law

California collects a fee from in-state hospitals and uses the revenue, along with federal Medicaid funds, to provide subsidies to California hospitals serving Medicaid beneficiaries. Out-of-state hospitals near the California border, which sometimes serve California Medicaid beneficiaries but do not pay the fee, sought access to these subsidies. They argued that their exclusion violated the dormant Commerce Clause, the Equal Protection Clause, and federal Medicaid regulations.The United States District Court for the District of Columbia rejected the out-of-state hospitals' arguments and granted summary judgment in favor of the Centers for Medicare and Medicaid Services (CMS). The hospitals appealed the decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the case de novo and affirmed the district court's decision. The court held that the QAF program does not discriminate against interstate commerce because it does not tax out-of-state hospitals, and the supplemental payments are based on in-state provision of medical care. The court also found that the program does not violate the Equal Protection Clause, as California could rationally decide to target subsidies to in-state hospitals serving a disproportionate share of Medi-Cal beneficiaries. Lastly, the court concluded that the QAF program does not violate federal Medicaid regulations, as the regulation in question pertains to base payments for specific services rendered to beneficiaries, not supplemental subsidies like the QAF payments. View "Asante v. Kennedy" on Justia Law

The case involves a False Claims Act (FCA) suit alleging that U.S. Cellular and other entities committed fraud in Federal Communications Commission (FCC) wireless spectrum auctions. The alleged fraud involved using sham small businesses to obtain and retain bidding discounts worth millions of dollars. The district court dismissed the qui tam action because a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public disclosure bar, and the relators bringing the action were not original sources of the information.Previously, the law firm Lampert, O’Connor & Johnston, P.C., filed a qui tam action in 2008 alleging that the same defendants conspired to register sham designated entities to obtain and hold discounted spectrum licenses for U.S. Cellular’s use. The government investigated but declined to intervene, and the law firm voluntarily dismissed the action. In 2015, Sara Leibman and Mark O’Connor filed a new complaint in federal court in Oklahoma, asserting FCA claims against the same defendants. The case was transferred to the District of Columbia, where the district court found the complaint asserted substantially the same allegations as the 2008 action, triggering the public disclosure bar, and dismissed the action.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court’s decision. The court held that the relators’ allegations were substantially the same as those in the 2008 qui tam action, thus triggering the FCA’s public disclosure bar. The court also found that the relators did not qualify as original sources of the information because their contributions did not materially add to the publicly disclosed allegations. Consequently, the court affirmed the dismissal of the qui tam action. View "USA v. USCC Wireless Investment, Inc." on Justia Law

The Human Rights Defense Center (HRDC), a non-profit organization, filed a Freedom of Information Act (FOIA) request with the United States Park Police for information about legal actions against the agency. After the Park Police failed to respond within the statutory period, HRDC filed a FOIA lawsuit. The Park Police eventually produced documents but withheld the names of officers involved in three tort settlements, citing FOIA Exemption 6, which protects against unwarranted invasions of personal privacy. Additionally, the Park Police inadvertently disclosed names in some documents and sought to prevent HRDC from using or disseminating this information.The United States District Court for the District of Columbia ruled that the Park Police correctly withheld the officer names under Exemption 6 and issued a clawback order for the inadvertently disclosed names, invoking its inherent authority to manage judicial proceedings.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the Park Police failed to meet its burden under Exemption 6 to show that releasing the officer names would constitute a substantial invasion of privacy. The court found the agency's justifications to be generic and conclusory, lacking specific details. Consequently, the court did not need to balance the privacy interest against the public interest in disclosure.The court also determined that the district court's clawback order was not a valid exercise of inherent judicial authority, as it aimed to fill a perceived gap in the FOIA statute rather than protect core judicial functions. The court reversed the district court's summary judgment in favor of the Park Police, vacated the clawback order, and remanded the case for the release of the non-exempt officer names. View "Human Rights Defense Center v. United States Park Police" on Justia Law

America First Legal Foundation (AFL) submitted Freedom of Information Act (FOIA) requests to fourteen federal agencies for strategic plans related to promoting voter registration and participation, as mandated by Executive Order 14019 issued by President Biden. The agencies did not respond favorably, leading AFL to file a lawsuit to compel disclosure of the documents. The agencies argued that the plans were protected by FOIA Exemption 5, which incorporates the presidential communications privilege.The United States District Court for the District of Columbia granted summary judgment in favor of the agencies, holding that the strategic plans were protected by the presidential communications privilege and thus exempt from FOIA disclosure. AFL appealed this decision.The United States Court of Appeals for the District of Columbia Circuit reviewed the district court’s grant of summary judgment de novo. The appellate court agreed with the district court, finding that the strategic plans were indeed protected by the presidential communications privilege. The court noted that the plans were solicited by the President, submitted to his close advisors, and used to inform presidential decision-making and deliberations. The court found no evidence in the record to contradict the government’s declarations that the plans were used in this manner. Consequently, the appellate court affirmed the district court’s judgment, upholding the exemption of the strategic plans from FOIA disclosure under the presidential communications privilege. View "America First Legal Foundation v. USDA" on Justia Law