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« Another case of impressive flying | Main | Wash Po on suit over Parks carry rule »

Brady Campaign suit against Interior

Posted by David Hardy · 16 February 2009 03:09 PM

Snowflakes in Hell has an excellent discussion.

4 Comments | Leave a comment

Not anybody important | February 16, 2009 4:12 PM | Reply

Um...a plaintiff generally doesn't get discovery in an APA case. The Olenhaus case out of the 10th Circuit is the best discussion of that issue I've seen: APA cases follow the FRAP process, there is none of the usual FRCP pre-trial folderol (including discovery), and the review is on the Admin Record. I don't know of any D.C. Circuit case law that is that clearly on point, but I seem to recall that they follow a similar practice there.

Sebastian | February 16, 2009 9:02 PM | Reply

I'm not a trained lawyer... I was trying to boil down the Brady arguments and offer some background.

Carl in Chicago | February 17, 2009 7:31 AM | Reply

I still would like to see the Justice Department's response to this lawsuit ... one of the Brady news releases stated the DoJ had responded.

Carl in Chicago | February 17, 2009 7:52 AM | Reply

Washington Post article: http://www.washingtonpost.com/wp-dyn/content/article/2009/02/16/AR2009021601151.html

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