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I also added a discussion of FOIA cases at the end. I have reviewed all of the cases in which Judge Sri Srinivasan has participated that resulted in a published opinion — whether he wrote the opinion or not. There are in total. In this post, I highlight the most important cases, looking for themes in different categories of decisions.
It can be difficult to tell, because panels in the D. In addition, a judge on the court of appeals is far more constrained by existing law than is a Supreme Court Justice.
Generally speaking, Srinivasan seems to be as moderate a judge as Republicans could expect a Democratic president to nominate. His views seem to be solidly in the center of American legal thought. He seems quite attentive to precedent; his rulings do not seem designed to move existing law, much less to take a leading liberal position on ideological questions.
On close ideological questions, he seems likely to lean to the left, but still gravitate towards the center — more like Elena Kagan than Sonia Sotomayor.
Because Srinivasan has not been on the D. Circuit long, few of his opinions have been reviewed by the Supreme Court. But in two recent cases, the Justices either affirmed Srinivasan or agreed with his opinion in dissent. Cello Partnership, F. United States ex rel.
Srinivasan was a member of a panel that held infamous Sheriff Arpaio had no standing to challenge the deferral of removal. He did not join a third member of the court who argued for reassessing standing law to broaden it and permit such challenges.
Priests for Life v. This is consistent with the fact that Srinivasan has not taken a leading role on ideological questions.
Not surprisingly for the D. Circuit, Srinivasan has been involved in several important environmental law cases.
The case is a good example of the different results you would expect to see if Srinivasan replaced Scalia. State of West Virginia v. In other environmental cases, Srinivasan was a member of panels that ruled in favor of environmental challengers and ruled against states challenging EPA action.
But there are counter-examples in which he rejected the environmental challenge. And again, almost all of the decisions were unanimous.
Mississippi Commission on Environmental Quality v. Srinivasan has been involved in interesting First Amendment cases. He has consistently rejected free speech claims, although one panel did allow a First Amendment claim to go forward.
Department of Agriculture, F. I represent the losing party in POM Wonderful. Srinivasan has participated in a few interesting decisions involving labor law. Srinivasan has few significant criminal law decisions. In the other cases, he affirmed. In re Sealed Case, F.
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