Circuit Court

Obamacare Lawsuits Just Suffered a Big Setback
What it means and how the legal challenge could play out
September 04, 2014

The challenge lives, but its vital signs are looking a lot worse.

No Objection
November 24, 2011

Ever since Bush v. Gore, we’ve come to expect that federal courts will divide along predictable ideological lines: Judges appointed by Democrats are supposed to vote for Democratic priorities, while judges appointed by Republicans are supposed to prefer Republican priorities. In short, many people now assume judicial institutions will behave like legislative ones. But four recent decisions from the federal appellate courts call this assumption into question. On November 8, Judge Laurence Silberman, writing for the U.S. Court of Appeals for the D.C.