Boehner, John A. v. McDermott, James A.

with whom Circuit Judges ROGERS, TATEL, and GARLAND join, and with whom Circuit Judge GRIFFITH

joins as to Part I.

The history of this case is by now quite long, and most of it is set out either in the majority opinion or in one of the previous iterations of the underlying events and the court decisions set forth in prior opinions of this court. See Boehner v. McDermott, 191 F.3d 463 (D.C.Cir.1999) (“Boehner D.C. Cir. I”); Boehner v. McDermott, 441 F.3d 1010 (D.C.Cir.2006) (“Boehner D.C. Cir. II"). Appellee brought the present action, which the district court dismissed, reasoning this…