Tag Archives: Advisory Opinion

Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision

In United States v. Files, No. 21-12859 (11th Cir. Mar. 24, 2023) — an appeal of denial of relief to a prisoner under the First Step Act, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222 (2018) — two of the panelists append a short concurrence questioning the wisdom of court of appeals’ decisionsContinue reading “Two Concurring Eleventh Circuit Judges Question the Wisdom of a Federal Court of Appeals Issuing “Alternative Holdings” to Support a Decision”

Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III

As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov,  No. 18-1366 (10th Cir. Dec. 8, 2021), the panel divides over whether annual preapproval of surveillance procedures by the Foreign Intelligence Surveillance Court (FISC)Continue reading “Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III”