Karen LeCraft Henderson , Circuit Judge : In 2010, the District of Columbia Court of Appeals Committee on Admissions ("Committee") denied Clarence Jackson's application to sit for the D.C. Bar Examination ("Bar"). Since then, Jackson has challenged that decision and, in turn, the handling of his challenge. His case reached the federal district court in 2016. The district court dismissed his complaint based on three alternative doctrines: the Rooker-Feldman doctrine, the Younger...
Srinivasan , Circuit Judge . The Comptroller of the Currency assessed a $10,000 civil money penalty against William Blanton, the former Chief Executive Officer of a Georgia bank. The penalty was based on two distinct sets of allegations against Blanton. First, the Comptroller found that Blanton engaged in unfair and unsound banking practices by allowing the bank to honor repeated overdrafts in the accounts of a frequent customer. Second, the Comptroller determined that Blanton caused the...
Per Curiam : This appeal presents the question whether the Environmental Protection Agency ("EPA") had authority under Sections 307(d)(7)(B) and 112(r)(7) of the Clean Air Act ("CAA"), 42 U.S.C. 7607(d)(7)(B), 7412(r)(7), to delay the effective date of the Chemical Disaster Rule of January 13, 2017, for twenty months for the purpose of reconsideration, and, if so, whether it properly exercised that authority. We hold that where EPA has exercised its Section 7607(d)(7)(B) authority to...
Griffith , Circuit Judge : Jennifer Campbell worked as a healthcare executive for the District of Columbia until she was fired based on accusations that she had improperly influenced the bidding process for the District's healthcare contracts. Campbell sued the District, alleging it had violated her Fifth Amendment due-process rights by leaking these accusations to the press and denying her an opportunity to refute them. A jury returned a verdict for Campbell on one of her due-process...
Randolph , Senior Circuit Judge . This is an appeal from the district court's grant of summary judgment in favor of the Federal Election Commission. Petitioners are Citizens for Responsibility and Ethics in Washington (CREW), and its executive director, Melanie Sloan, a registered voter in the District of Columbia. They brought this action 1 alleging that the Commission acted "contrary to law" in 2015 when it dismissed their administrative complaint against an unincorporated association...
Wilkins , Circuit Judge : This appeal arises from Appellant Soundboard Association's ("SBA's") challenge to a November 10, 2016 informal opinion letter (the "2016 Letter") issued by Federal Trade Commission ("FTC" or "Commission") staff. The 2016 Letter stated it was the FTC staff's opinion that telemarketing technology used by SBA's members is subject to the FTC's regulation of so-called "robocalls," and it announced the rescission of a 2009 FTC staff letter (the "2009 Letter") that had...
Williams , Senior Circuit Judge : On June 7, 2012 the Environmental Protection Agency issued another rule in a long succession of actions implementing Congress's effort to restore air quality and visibility in certain national parks and wilderness areas ("Class I areas") to what they would be under natural conditions. Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology (BART) Determinations, Limited SIP Disapprovals, and...
Srinivasan , Circuit Judge : Unwanted robocalls are an all-too-familiar phenomenon. For years, consumers have complained to the Federal Communications Commission about automated telemarketing calls and text messages that they did not seek and cannot seem to stop. Congress sought to address consumers' concerns with undesired robocalls in the Telephone Consumer Protection Act of 1991. The TCPA generally prohibits the use of certain kinds of automated dialing equipment to call wireless...
Pillard , Circuit Judge . We granted en banc review to consider whether the federal statute providing the Director of the Consumer Financial Protection Bureau (CFPB) with a five-year term in office, subject to removal by the President only for "inefficiency, neglect of duty, or malfeasance in office," 12 U.S.C. 5491(c)(3), is consistent with Article II of the Constitution, which vests executive power "in a President of the United States of America" charged to "take Care that the Laws be...
United States Court of Appeals FOR T HE DISTRICT OF COLUMBIA CIRCUIT _ No. 18-5261 September Term, 2018 1:16-cv-00259-BAH Filed On: September 15, 2018 Citizens for Responsibility and Ethics in Washington and Nicholas Mezlak, Appellees v. Federal Election Commission, Appellee Crossroads Grassroots Policy Strategies, Appellant BEFORE: Henderson, Millett, and Wilkins, Circuit Judges ORDER Upon consideration of Crossroads Grassroots Policy Strategies' emergency motion for a stay pending appeal, the...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 14, 2018 Decided November 30, 2018 No. 18-5176 KASPERSKY LAB, INC. AND KASPERSKY LABS LIMITED, APPELLANTS v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY AND KIRSTJEN M. NIELSEN, IN HER OFFICIAL CAPACITY AS SECRETARY OF HOMELAND SECURITY, APPELLEES Consolidated with 18-5177 Appeals from the United States District Court for the District of Columbia (No. 1:17-cv-02697) (No. 1:18-cv-00325) Scott H. Christensen...
Iut $tut Imzrt uf piaf FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 18-5148 September Term, 2017 I :04-cv-O1 194-U NA Filed On: August 14, 2018 Khalid Ahmed Qassim, Appellant V. Donald J. Trump, President of the United States, et al., Appellees BEFORE: Garland, Chief Judge; Henderson, Rogers**, Tatel**, Griffith, Kavanaugh*, Srinivasan, Millett, Pillard, Wilkins, and Katsas*, Circuit Judges ORDER Upon consideration of appellant’s petition for initial hearing en banc, the response thereto, and the...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 18-5032 September Term, 2017 1:17-cv-02069-TSC Filed On: May 7, 2018 John Doe, Appellee v. James Mattis, in his official capacity as Secretary of Defense, Appellant _ Consolidated with 18-5110 BEFORE: Henderson, Srinivasan, and Wilkins, Circuit Judges UNDER SEAL OPINION NOT AVAILABLE TO PUBLIC
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 5, 2018 Decided May 7, 2018 Reargued April 27, 2018 No. 18-5032 JOHN DOE, APPELLEE v. JAMES MATTIS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF DEFENSE, APPELLANT Consolidated with 18-5110 Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-02069) James M. Burnham, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Jessie K. Liu, U.S....
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued May 4, 2018 Decided July 17, 2018 No. 18-5004 AMERICAN HOSPITAL ASSOCIATION, ET AL., APPELLANTS v. ALEX MICHAEL AZAR II, IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF HEALTH AND HUMAN SERVICES AND UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-02447) Michael R. Smith argued the cause for appellants. With him on the...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 18-3037 September Term, 2017 1:17-cr-00201-ABJ-1 Filed On: July 12, 2018 United States of America, Appellee v. Paul John Manafort, Jr., Appellant BEFORE: Rogers, Tatel, and Wilkins, Circuit Judges ORDER Upon consideration of the motion for release pending appeal, the response thereto, and the reply, it is ORDERED that the motion be denied. The court declines to exercise its authority under Federal Rule of Appellate...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Decided July 31, 2018 No. 18-3037 UNITED STATES OF AMERICA, APPELLEE v. PAUL JOHN MANAFORT, JR., APPELLANT On Appeal of a Pretrial Detention Order (No. 1:17-cr-00201-1) Frank P. Cihlar, Richard W. Westling, and Thomas E. Zehnle were on appellant=s Memorandum of Law and Fact. Andrew Weissman and Scott A.C. Meisler, Attorneys, U.S. Department of Justice, were on appellee=s Memorandum of Law and Fact. Michael R. Dreeben and Adam C....
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 26, 2018 Decided July 31, 2018 No. 17-7171 ARCHDIOCESE OF WASHINGTON, DONALD CARDINAL WUERL, A ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON, A CORPORATION SOLE, APPELLANT v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY AND PAUL J. WIEDEFELD, IN HIS OFFICIAL CAPACITY AS GENERAL MANAGER OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, APPELLEES Appeal from the United States District Court for the District of...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Filed On: December 21, 2018 No. 17-7171 ARCHDIOCESE OF WASHINGTON, A CORPORATION SOLE, APPELLANT v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY AND PAUL J. WIEDEFELD, IN HIS OFFICIAL CAPACITY AS GENERAL MANAGER OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:17-cv-02554) On Petition for Rehearing En Banc Before: Garland, Chief...
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 17, 2018 Decided December 7, 2018 No. 17-7169 KENNETH FELD, APPELLANT v. FIREMAN’S FUND INSURANCE COMPANY, APPELLEE Appeal from the United States District Court for the District of Columbia (No. 1:12-cv-01789) Jonathan S. Franklin argued the cause for appellant. With him on the briefs was Matthew H. Kirtland. Thomas S. Schaufelberger argued the cause for appellee. With him on the brief was Matthew J. Antonelli....
