February 25, 2025
The en banc D.C. Circuit grappled Tuesday with a line of its own cases that restrict judges from scrutinizing federal election regulators when they decline to investigate campaign finance complaints, questioning how to approach nonenforcement decisions that invoke commissioners' discretion.
February 04, 2025
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
January 03, 2025
The GOP is backing the Federal Election Commission's bid to preserve a line of D.C. Circuit cases barring judges from second-guessing the commission's refusal to take enforcement actions, urging the en banc appeals court to safeguard "the careful, conscious congressional plan for the agency."
January 01, 2025
The D.C. Circuit's 2025 docket is stacked with challenges to alleged misbehavior by federal regulatory agencies, with the behavior including the U.S. Commodity Futures Trading Commission's bid to ban wagering on elections and the Federal Trade Commission's efforts to crack down on Meta's privacy practices.
November 20, 2024
The D.C. Circuit's decision to sit for its first en banc rehearing since 2021 might signal that the court is inclined to reconsider an oft-challenged precedent barring judges from second-guessing federal election regulators when they decline to take enforcement actions, experts say.
October 16, 2024
The full D.C. Circuit will revisit an appeal implicating the court's authority to review the Federal Election Commission's decisions on campaign finance complaints when those decisions rest on commissioners' so-called prosecutorial discretion.