Free Republic

The District allowed "Black Lives Matter" protestors to violate the city's defacement ordiance, but enforced the law against groups with a different political message. Today the U.S. Court of Appeals for the D.C. Circuit revived a lawsuit agaisnt the District of Columbia for selective enforcement of the district's defacement ordinance in violation of the First Amendment. Judge Rao wrote for the court in Frederick Douglass Foundation v. District of Columbia, joined by Judge Childs, reversing the district court's dismissal of the Foundation's First Amendment claim, but affirming dismissal of an Equal Protection claim. Judge Wilkins concurred in the judgment. Judge...

(CNN)With only a few days left in February, court watchers are trying to read tea leaves as to the identity of President Joe Biden's pick for the Supreme Court before his end-of-the-month deadline -- and a federal court on Thursday increased the buzz around DC Circuit Judge Ketanji Brown Jackson. The US Court of Appeals for the District of Columbia Circuit deviated from its typical procedure by issuing an opinion on a Thursday -- breaking with its usual schedule of Tuesday and Friday release days. Notably, Jackson -- who has interviewed with Biden for the Supreme Court nomination -- was...

Yesterday, the D.C. Circuit Court of Appeals rejected former President Donald Trump’s claim of executive privilege, holding that the archivist of the United States could provide a tranche of Trump’s presidential records to the House’s “Select Committee to Investigate the January 6th Attack on the United States Capitol.”In a unanimous ruling, the federal appellate court concluded that President Biden’s conclusion that “an assertion of executive privilege is not in the best interests of the United States” controlled and that the archivist, therefore, must hand over the first of three sets of documents requested. The court added, however, that it would...

A federal appeals court ruled Thursday against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 insurrection at the Capitol. In a 68-page ruling, the three-judge panel tossed aside Trump's various arguments for blocking through executive privilege records that the committee regards as vital to its investigation into the run-up to the deadly riot aimed at overturning the results of the 2020 presidential election. Judge Patricia Millett, writing for the court, said Congress had “uniquely vital interests” in studying the events of Jan. 6 and said President Joe Biden had made...

The D.C. Circuit Court of Appeals has granted former President Trump's request for an "administrative" injunction, temporarily blocking the release of his White House records from the National Archives to the House Committee Investigating the January 6 Capitol attack. "The National Archives and Records Administration and the Archivist be enjoined from releasing the records requested by the House Select Committee over which appellant asserts executive privilege, pending further order of this court," the order reads.

Just a headline for now. Gwjack

A three panel DC Appeals Court Panel, Judge Henderson, Judge Wilkins and Judge Rao have ordered Michael Flynn’s Judge, Emett Sullivan, to respond to the defense petition for a writ of mandamus within ten days: Quoting the U.S. vs Fokker ruling the panel is not responding directly to the Flynn petition with an immediate decision; instead they are requiring Judge Sullivan to explain his decision to engage with extra-party amicus actions despite the DOJ and Flynn defense agreement on the motion to dismiss. The order can be viewed as a smart move by the appeals panel because Judge Sullivan has...

Democratic leaders are again taking the temperature of their caucus on whether to finally go “nuclear” and change the Senate rules after Republicans blocked another judge Monday night, aides said. Conversation about the “nuclear option” between leaders and the rank and file began as members trickled back into town before a failed 53-38 cloture vote on the nomination of Robert L. Wilkins to the D.C. Circuit Court of Appeals. Though Democrats have threatened to change Senate rules on multiple occasions this Congress—and have yet to blow up procedure to remove the 60-vote hurdle for nominees—talking about rules change again would...