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October 1, 2007

What's up with another of DC's federal appellate courts?

While all legal eyes are on DC for the start of the Supreme Court Term (which brings, inter alia, a new look for SCOTUSblog), I am wondering what's going on these days with the DC Circuit.  Specifically, why exactly has that court not issued, according to this opinion page, a single formal opinion since August 24, 2007?

I ask in part because the DC Circuit has rendered some of the most interesting circuit sentencing opinions, and delivered the most thoughtful and nuanced work on crack sentencing in US v. Pickett, No. 05-3179 (DC Cir. Feb. 13, 2007) (available here).  I do not believe that the DC Circuit has yet to say anything at all about the Supreme Court's work in Rita

Whatever the DC Circuit judges are up to these days, I hope they know at least one blogger misses their sentencing efforts.

UPDATE:  Commentors rightly noted, that because DC has plenty of appellate courts, the title of this posted meritted tweaking.  It has been so tweaked.

October 1, 2007 at 02:21 PM | Permalink


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Is it really that unusual for the DC Circuit not to release opinions in or around September? It stops hearing argument in May and resumes in early September (if memory serves correctly; furthermore, I think it's unique among courts of appeal in taking such a long summer break). So it's unlikely there are going to be any September opinions, unless they are stragglers from the
May arguments (which is very unusual).

Posted by: bill | Oct 1, 2007 2:43:42 PM

By other appellate court you mean the CAAF, CAVC, DC COA, right?

Posted by: S.cotus | Oct 1, 2007 2:44:00 PM

DC Cir takes the summer off. Nice work, if you can get it.

Posted by: Dave | Oct 1, 2007 3:01:33 PM

Don't forget the Federal Circuit, too. Not to mention the FISA Court of Appeals and the Combatant Status Review Court of Appeals.

Posted by: Peter G | Oct 1, 2007 4:05:41 PM

Oh, forgot about the Fed. Cir. (strange, since I just posted about it) I didn't count the FISCR, because, it is staffed by judges with other appointments, and the Combatant Status Review Court of Appeals is part of the executive branch, and its legitimacy is yet to be determined.

But, if you want to count executive CTAs with "criminal" jurisdiction, you can count the Navy-Marine CCA, the AF CCA, and the Army CCA.

Posted by: S.cotus | Oct 1, 2007 4:25:18 PM

Maybe the DC Circuit judges skipped town just in case their recent ruling on the DC handgun ban proved to be a little too popular with the residents?

With those longer summer days there is more time to get your essential shooting in.

Posted by: dweedle | Oct 1, 2007 6:23:52 PM

How do the Canadians manage with just one intemediate federal appellate court (plus a military appeals court staffed with civil judicial appointments at other courts)?

Posted by: ohwilleke | Oct 2, 2007 12:59:37 AM

Donno. Less people? Smaller military?

Of course, it is beyond dispute that Canadians are better behaved than us yanks in general and Texans in particular, so there is no need for a death penalty in Canada.

Posted by: S.cotus | Oct 2, 2007 11:35:54 AM

S.cotus: if you spent any time with Canadians then you'd be in favor of the death penalty... for them.

Posted by: dweedle | Oct 2, 2007 5:42:39 PM

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