Even though both the plaintiffs and the United States agreed that the DCCircuit had jurisdiction to hear the case, the Court still thought it necessary to discuss that issue.
Obama is the only president in recent memory never to have successfully placed a nominee on the DCCircuit, which handles many high-profile appeals, including executive authority to fight terrorism and broader congressional power.
After graduating from Stanford Law School, Connaughton clerked for Chief Judge Abner Mikva of the United States Court of Appeals for the DCCircuit, then followed Mikva to the White House when Mikva was appointed Counsel to President Bill Clinton.