Timus v. District of Columbia Department of Human Rights

I agree with Part III of the majority opinion that this court has jurisdiction to decide the general legal validity of 4 DCMR § 716.9, see ante at n. 3, by virtue of our “jurisdiction to determine whether we have jurisdiction.” Ante at 757-758. I also concur — halfway— with the majority’s Part IV in that I agree, generally speaking, that § 716.9 incorporates a valid approach. I respectfully dissent, however, from definitively upholding § 716.9 at this time. I believe we cannot properly make that decision without a remand to ascertain the criteria and procedures the Office of Human Rights…