Justia Constitutional Law Opinion Summaries

Articles Posted in U.S. D.C. Circuit Court of Appeals
by
Plaintiffs and their companies filed suit alleging that the contraceptive mandate in the Affordable Care Act, 42 U.S.C. 300gg-13(a)(4), violated their rights under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb et seq., the Free Exercise Clause, the Free Speech Clause, and the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq. The court concluded that, even if the government had a compelling interest - from safeguarding the public health to protecting a woman's compelling interest in autonomy and promoting gender equality, the mandate was not the most restrictive means of furthering that interest. The court concluded that the district court erred in denying a preliminary injunction for plaintiffs on the grounds that their case was unlikely to succeed on the merits; the court reversed the district court's denial of a preliminary injunction for the individual owners; because the district court premised its decision entirely on a question of law, the court must remand for consideration of the other preliminary-injunction factors; and the court affirmed the district court's denial of preliminary injunction with respect to the companies. View "Gilardi, et al. v. HHS, et al." on Justia Law

by
The EPA promulgated an interim final rule (IFR) authorizing it to issue certificates of conformity to diesel truck engines manufacturers for 2012 and 2013 model-year engines notwithstanding the engines did not conform to EPA's emission standard for nitrogen oxides promulgated under section 202(a) of the Clean Air Act (CAA), 42 U.S.C. 7521(a) - provided the manufacturer paid the government a non-conformance penalty (NCP) as established in the IFR. After notice and comment, EPA replaced the IFR with a final NCP rule establishing new and higher NCPs. Daimler petitioned for review of the IFR on both procedural and substantive grounds, as well as EPA's issuance to manufacturer Navistar four 2012 model year certificates of conformity. The court concluded that, with the publication of the Final NCP Rule, Daimler's challenge to the certificates was moot and dismissed the petition for review. View "Daimler Trucks North America, et al. v. EPA" on Justia Law

by
This case arose when Judicial Watch filed a Freedom of Information Act (FOIA), 5 U.S.C. 552, request with the Secret Service, seeking records of every visitor to the White House Complex over a period of seven months. The district court ordered the agency to release the records or assert specific FOIA exemptions on a document-by-document basis. The court held that, both in the 1974 FOIA Amendments and the 1978 Presidential Records Act (PRA), 44 U.S.C. 2201 et seq., Congress made clear that it did not want documents like the appointment calendars of the President and his closest advisors to be subject to disclosure under FOIA. Granting Judicial Watch's request for certain visitor records would effectively disclose the contents of those calendars. Therefore, the court concluded that such records were not "agency records" within the meaning of FOIA. The White House Complex also housed components that Congress did intend to subject to FOIA. The court concluded that these records of visits were "agency records" subject to disclosure under FOIA. Accordingly, the court affirmed in part and reversed in part. View "Judicial Watch, Inc. v. United States Secret Service" on Justia Law

by
Appellants - safari clubs, hunters, and international conservationists - alleged that the Service's failure to take actions concerning the straight-horn markhor was arbitrary and capricious. The court concluded that appellants' claims relating to the 1999 downlisting petition were moot where appellants have obtained all the relief that they sought; appellants' claims concerning the alleged failure of the Service to timely process four applications to import straight-horn markhor trophies were moot and the hunters' related due process claims were necessarily moot as well; and there was no record evidence to support the claim that any of appellants suffered an injury-in-fact from the Services' alleged ongoing policy of delay. Accordingly, the court remanded the case with instructions to dismiss the complaint for lack of jurisdiction. The portion of the district court's order addressing the claims raised on appeal was vacated. View "Conservation Force, Inc., et al. v. Jewell, et al." on Justia Law

by
This appeal concerned plaintiff's filing of an administrative complaint with the FEC alleging that various organizations violated election laws during their efforts to keep him off the ballot. The FEC dismissed the complaint and the district court subsequently granted summary judgment against plaintiff, later denying his motion to alter or amend its judgment. Plaintiff appealed. The court rejected plaintiff's claim of competitor standing where he sought to compel FEC enforcement against his opponents years after the campaign had run its course, and claim of informational standing where he asserted an injury that was not sufficiently concrete to confer standing. Accordingly, the court dismissed the appeal and concluded that the district court lacked jurisdiction to hear the suit because plaintiff lacked standing. View "Nadar v. FEC" on Justia Law

by
These appeals challenged the EPA's promulgation of rules in response to the Supreme Court's holding that greenhouse gases unambiguously qualify as an "air pollutant" under the Clean Air Act, 42 U.S.C. 7401. At issue was implementation of Part C of Title I of the Act permitting requirements in several States without implementation plans for greenhouse gases as of January 2, 2011, when the emission standards in the Tailpipe Rule took effect. The court held that under the plain text of sections 165(a) and 167, the permitting requirements were self-executing without regard to previously approved state implementation plans. The court concluded that petitioners lacked Article III standing to challenge the rules because industry petitioners failed to show how they have been injured in fact by rules enabling issuance of the necessary permits and state petitioners failed to show how vacating the rules would redress their purported injuries. Accordingly, the court dismissed the petitions for lack of jurisdiction. View "State of Texas, et al. v. EPA" on Justia Law

by
OOIDA, a trade association, challenged the decision of the FMCSA to exempt commercial vehicle operators licensed in Canada or Mexico from certain statutory medical certification requirements applicable to drivers licensed in the United States. The FMCSA claimed that applying these requirements would violate existing executive agreements between those two countries and the United States. The court agreed with the government that absent some clear and overt indication from Congress, the court would not construe a statue to abrogate existing international agreements even when the statute's text was not itself ambiguous. The court presumed that the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (the "Act"), Pub. L. No. 109-59, 119 Stat. 1144, was not intended to abrogate the executive agreements with Mexico and Canada and held that the FMCSA's implementing rules appropriately understood the medical certificate requirement to apply only to drivers based in the United States. The court rejected OOIDA's secondary argument and denied the petition for review. View "Owner-Operator Independent Drivers Ass'n, Inc. v. U.S. Dept. of Transp., et al." on Justia Law

by
Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that the supervisor's conduct was within the scope of his employment and removed the case to federal district court, substituting the United States as the defendant. The court affirmed the district court's dismissal for lack of subject matter jurisdiction, concluding that the supervisor acted within the scope of his employment and plaintiff's suit was jurisdictionally barred by the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. View "Jacobs v. Vrobel" on Justia Law

by
This case arose when SSA filed a complaint with the Commission alleging that the Port Department violated the Shipping Act, 46 U.S.C. 41102(c), 41106(2)-(3). The ALJ denied the City's motion to dismiss the complaint on grounds of sovereign immunity. The Commission affirmed and the City, which managed the port, appealed. The court denied the petition concluding that the City was not entitled to dismissal based on sovereign immunity where there was no record evidence suggesting suits against the Port Department effectively target the State of California. View "City of Oakland v. Federal Maritime Commission" on Justia Law

by
Plaintiff, an attorney, filed suit against the Judge Advocate General (JAG) of the Navy and others, alleging violation of his constitutional rights in an administrative decision which suspended him from practice before naval courts. The disciplinary proceedings stemmed from plaintiff's filing of an appellate brief containing statements he knew were false and misleading. The court concluded that the district court did not err in holding that the Navy JAG had authority to discipline plaintiff; plaintiff received ample due process and his Fifth Amendment rights were not violated during the proceedings against him; and the record did not support plaintiff's Administrative Procedure Act (APA), 5 U.S.C. 551, 701, and 706, claim. Accordingly, the court affirmed the district court's dismissal of plaintiff's claims and denied his request for mandamus review. View "Partington v. Houck, et al." on Justia Law