Federal Circuit Again Excludes Judge Newman From Group Photo The stealth impeachment continues. Reason · 6h ago
Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs The ruling is flawed on both substantive and procedural grounds. Reason · Jun 12
Will the Supreme Court Review Judge Newman's Stealth Impeachment? The Court should grant cert on the important separation of powers issue raised by her long-running, allegedly "temporary suspension" from case assignments. Reason · Jun 4
Trump's Dubious New Section 301 Tariffs They appear to be yet another illegal power grab, one that should be challenged in court. Reason · Jun 4
Chief Judge Moore Commissions Bizarre AI Cartoon About The Federal Circuit Without Judge Newman Kimberly Moore may rival Neal Katyal for the most cringey YouTube video in recent memory. Reason · May 19
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit. Reason · Feb 23
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously. Reason · Sep 2, 2025
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional. Reason · Sep 1, 2025
Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined. Reason · Aug 30, 2025
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them. Reason · Aug 6, 2025
Today's Federal Circuit Oral Argument in Our Tariff Case Outcomes are hard to predict. But the judges seemed skeptical of the administration's claim that the president has virtually unlimited power to impose tariffs. Reason · Jul 31, 2025
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated] Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them. Reason · Jul 15, 2025
Cato Institute, NCLA Urge Appeals Court To Reject Trump Tariffs Citing Unauthorized Use Of Statute: Report The Cato Institute and the New Civil Liberties Alliance (NCLA) have called on the Federal Circuit to strike down President Donald Trump‘s tariffs, arguing they rely on a statute that does not grant any authority to impose such tariffs. Benzinga · Jul 10, 2025
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes. Reason · Jul 9, 2025
Reason · Jun 11, 2025 Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
Reason · May 29, 2025 Federal Circuit Issues Brief Administrative Stay in Our Tariff Case This is a standard order imposing a brief stay of the trial court ruling, while the parties litigate the issue of whether a longer stay should be imposed.
Reason · Mar 25, 2025 Judge Orders Rhode Island Town To Return Secretly Seized Land to Affordable Housing Developer Plus: the federal government tries to stiff landlords over eviction moratorium one last time, the Supreme Court declines to take up eminent domain case, and starter home bills advance in Arizona and Texas.
Reason · Feb 19, 2025 The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman.
Reason · Aug 10, 2024 Federal Appellate Court Rules in Favor of Takings Lawsuit Against the CDC's Covid-Era Eviction Moratorium The 2-1 decision overrules a trial court decision that went the other way, and could set an important property rights precedent.
AAP · Feb 27, 2024 Rewards of working like dogs at corporate playground Canine colleagues of workers now have their own playground where employees at a tech giant can walk their dogs outside.
AAP · Oct 6, 2023 Therapy dog Poppy lends kids in court a helping paw Labrador Poppy has been sworn in as the Federal Circuit Court's first official therapy dog to help children and other court users grappling with anxiety.
Reason · Jun 19, 2023 Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Ballotpedia · Feb 21, 2023 SCOTUS hears argument in case challenging scope of NLRB authority The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.
Reason · Aug 23, 2022 Federal Circuit re: Bulk Unsealing Plans -- Never Mind From today's order: Upon further consideration of the court's August 17, 2022 Order, the court finds it impracticable at this time to continue to proceed with the proposed unsealing of previously-identified cases. Specifically, the court finds that there will be insufficient time and considerable, unanticipated administrative difficulty to both the…
Reason · Aug 5, 2022 AI Can't Be an "Inventor" Under the U.S. Patent Act From Thaler v. Vidal, decided today by the Federal Circuit (Judge Tony Leonard Stark, joined by Chief Judge Kimberly Moore and Judge Richard Taranto): This case presents the question of who, or what, can be an inventor. Specifically, we are asked to decide if an artificial intelligence (AI) software system…