The Seventh Circuit joins the Eighth and Ninth Circuits but conflicts with the D.C. Circuit. This issue might well get Supreme Court review eventually.

For the opinion, see: http://www.ca7.uscourts.gov/tmp/7G0W8WJ9.pdf

Thanks for this post, John. Judge Flaum's concurring opinion in particular may prove quite helpful in an important case I am currently dealing with.