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January 1, 2021judicialjudicial

D.C. Court of Appeals and Second Circuit handle scope-of-employment questions in Westfall Act certification

The scope-of-employment question is certified to the D.C. Court of Appeals, which rules that the President is an "employee of the government" for Westfall Act purposes. The Second Circuit then handles the appeal of the district court's rejection of the Westfall Act substitution.