EDWARDS, Senior Circuit Judge. In the Cable Television Consumer Protection and Competition Act of 1992 (the "Cable Act"), Congress enacted provisions requiring cable television systems to dedicate some of their channels to local broadcast stations, creating so-called "must-carry" rights for stations electing such mandatory carriage. See 47 U.S.C. 534-35. Section 614(b)(7), the principal statutory provision at issue in this case, states that must-carry broadcast signals "shall be viewable...
EDWARDS, Senior Circuit Judge. The petition for review in this case, filed by the American Tort Reform Association ("ATRA"), challenges revisions made by the Occupational Safety and Health Administration ("OSHA" or "the agency") to the wording of paragraph (a)(2) of OSHA's hazard communication ("HazCom") standard, 29 C.F.R. 1910.1200. HazCom establishes labeling requirements for chemicals used in the workplace. The disputed changes appear in an introductory paragraph that describes the...
ROGERS, Circuit Judge: Frederick Miller, Gerald Eiland, and Timothy R. Thomas appeal their convictions stemming from a narcotics distribution scheme in Southeast, Washington, D.C. between 1999 and 2004. They and six others were indicted, and the district court conducted two trials. Miller and Thomas, along with Corey Moore, were tried first, and this opinion addresses Miller's and Thomas' challenges to their convictions. Miller was also part of the second trial involving Eiland with respect to...
BROWN, Circuit Judge. Appellants, Gerald Eiland and Frederick Miller, were convicted of various narcotics-related offenses. The government's evidence at trial showed that Eiland and Miller organized an extensive drug ring in the Washington, D.C. area that had ties across the country. After almost a year and a half of investigation including numerous wiretaps, the government indicted twenty-one defendants. Many of the defendants pled guilty. The government brought the remaining defendants to...
EDWARDS, Senior Circuit Judge: This appeal contests the District Court's order authorizing the Government to medicate Defendant-Appellant Simon Dillon, by force if necessary, for the sole purpose of rendering him competent to stand trial. We review this matter with a sobering awareness that requiring a person to take unwanted psychotropic medication entails a grave deprivation of a liberty interest protected by the Due Process Clause. See Washington v. Harper, 494 U.S. 210 , 221, 110 S....
KAREN LeCRAFT HENDERSON, Circuit Judge: Over three years ago, we decided that enemy combatants held by the United States at Bagram Airfield Military Base (Bagram) in northwest Afghanistan could not invoke the Suspension Clause, U.S. CONST. art. I, 9, cl. 2, to challenge their detentions. Al Maqaleh v. Gates, 605 F.3d 84 (D.C.Cir.2010) ( Al Maqaleh II ). In these three appeals, Bagram detainees once again seek access to the writ of habeas corpus. We once again dismiss their petitions for...
Opinion for the Court filed by Senior Circuit Judge GINSBURG. GINSBURG, Senior Circuit Judge: Olga Hernandez, a Hispanic woman, appeals the district court's entry of summary judgment for her former employer, the United States Department of Commerce, on Hernandez's claim that the Department retaliated against her for filing a complaint of workplace harassment based upon her sex and national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-3(a)....
Opinion for the Court filed by Circuit Judge TATEL. TATEL, Circuit Judge: Imagine that you oversee the budget of a large Senate office, and you're in a bind. Your boss, the Senator, has directed you to ensure that the budget is spent to zero every fiscal year, but the fiscal year is nearing its end, the office is on track to run a significant surplus, and the chief of staff seems unwilling to focus on the problem. How should you handle the situation Appellant, who lived this hypothetical...
KAVANAUGH, Circuit Judge: The Cook and Shaw Foundation is a non-profit organization composed of current and former employees of the Library of Congress. The Foundation helps Library employees pursue allegations of racial discrimination against the Library. Pursuant to Library policy, the Library recognizes certain employee organizations and gives them meeting space and other benefits. The Cook and Shaw Foundation requested recognition as an employee organization, but the Library refused. As a...
Opinion for the Court filed by Circuit Judge TATEL. TATEL, Circuit Judge: Utilizing administratively determined "demand curves," the New York Independent System Operator (NYISO) holds monthly auctions to set the price of electrical power capacity in New York. Petitioners, owners and operators of electrical power generation facilities, challenge several Federal Energy Regulatory Commission orders concerning the creation of the 2011-2014 demand curves. According to petitioners, the Commission...
PER CURIAM. In this opinion, we consider several challenges to the Environmental Protection Agency's most recent revisions to the primary and secondary National Ambient Air Quality Standards for ozone. For the reasons given below, we deny the petitions, except with respect to the secondary ozone standard, which we remand for reconsideration. I. The Clean Air Act directs EPA to establish and periodically review and revise primary and secondary National Ambient Air Quality Standards ("NAAQS")...
WILLIAMS, Senior Circuit Judge: Tom Lusuli Malenya, a 41-year-old Army nurse, posted a personal ad on the "Men Seeking Men" section of Craigslist.com. D.R., who was 14 at the time, responded to Malenya's ad by e-mail and claimed to be an 18-year-old "twink"—someone who appears to be younger but who is actually an adult male between the ages of 18 and 23. Via text message, Malenya arranged for D.R. to come to his apartment, and the two had sex. A few weeks later, D.R.'s mother became concerned...
WILLIAMS, Senior Circuit Judge: This dispute between two regional transmission organizations ("RTOs") turns on the interpretation of a single contract provision. The Federal Energy Regulatory Commission resolved the conflict against petitioner Southwest Power Pool ("SPP"). Applying both the Administrative Procedure Act and the " Chevron -like analysis" that governs review of such an interpretation, Colorado Interstate Gas Co. v. FERC, 599 F.3d 698 , 701 (D.C.Cir.2010), we find that the...
ROGERS, Circuit Judge. This case is principally a defamation action based on the publication of an article by journalist Mark Warren on Esquire Magazine 's Politics Blog. The article was posted one day after the release of a book entitled "Where's the Birth Certificate The Case that Barack Obama is not Eligible to Be President ," written by Jerome Corsi and published by Joseph Farah's WND Books. Farah's website, WorldNet-Daily, announced the book launch with the headline, " It's out! The...
Opinion for the Court filed by Senior Circuit Judge WILLIAMS. WILLIAMS, Senior Circuit Judge. The Securities and Exchange Commission found that Matthew J. Collins failed to supervise a subordinate who violated various securities laws. The SEC imposed a civil penalty of $310,000 under 15(b)(4)(E) of the Exchange Act, among other sanctions. Collins petitioned for review, arguing that the civil penalty was arbitrary and capricious and violated the Excessive Fines Clause of the Eighth Amendment....
SENTELLE, Senior Circuit Judge. Retired Brigadier General Terryl Schwalier brought this action in the district court seeking, inter alia, "correction" of his military records to reflect promotion to major general, along with active duty back pay and retired pay. The district court entered summary judgment in favor of the Secretary of the Air Force and the Secretary of Defense. Schwalier appeals. Because the jurisdiction of the district court was based, at least in part, on the Little Tucker...
SILBERMAN, Senior Circuit Judge. Appellants Lonnell Glover and Jonathan Wright were convicted of conspiring to possess and distribute more than five kilograms of cocaine. They appeal on a number of grounds. We agree that with respect to one of their claims their convictions must be reversed; the district court erroneously admitted evidence obtained pursuant to a "facially insufficient" warrant. I. Although the convictions in this case were for a conspiracy to distribute cocaine, the FBI's...
BROWN, Circuit Judge. Two years after our decision Seven-Sky v. Holder, 661 F.3d 1 (D.C.Cir.2011), we are asked to revisit the behemoth known as the Affordable Care Act. This time, however, we are not confronted with a question of constitutional authority. Instead, we must determine whether the contraceptive mandate imposed by the Act trammels the right of free exercise — a right that lies at the core of our constitutional liberties — as protected by the Religious Freedom Restoration Act....
GARLAND, Chief Judge: Elohim Cross appeals his conviction for conspiring to distribute heroin. He contends that the trial court erred in not giving a multiple conspiracies jury instruction, and that the prosecutor erred in making improper statements regarding multiple conspiracies in his rebuttal argument. We conclude that, even if there were error, any such error was harmless. We therefore affirm Cross' conviction. I In 2009, federal law enforcement authorities received a tip that a man...
GARLAND, Chief Judge: This appeal concerns the straight-horned markhor, an impressive subspecies of wild goat that inhabits an arid, mountainous region of Pakistan. Appellants are safari clubs, hunters, and international conservationists. For more than a decade, they pressed the United States Fish and Wildlife Service to take certain administrative actions regarding the markhor. They allege that the agency's failure to take those actions was — among other things — arbitrary and capricious. As...
