Fall is a time of transition, and so it is on the D.C. Circuit this year. As my colleague wrote, the Court lost one of its luminaries with Judge Silberman’s passing. Two new judges have joined; Judge Childs’ first sitting was in September and Judge Pan has her first sitting in November. And the Court […]
As we transition from the late summer flurry of opinions to the relative lull of September, this week’s opinions have slowed to a trickle, with very little of note in the “core” admin law space. The decision that will likely have the most impact on other cases involves the False Claims Act: United States v. […]
The D.C. Circuit issued ten opinions in the last week of July, so this will be a necessarily brief recap. (Eleven, if you count a concurring statement by Judge Silberman, stating his view that the availability of a remedy under the Federal Tort Claims Act is a special factor precluding a Bivens remedy in a […]
To cut to the answer (for those who have been on the edge of their seats): A final rule is final, such that withdrawing it requires a new round of notice and comment, when the Office of the Federal Register (OFR) makes it available for public inspection. Or possibly earlier, when a signed rule is […]
As was the case last week, decisions are starting to flow at the pace you might expect for a court trying to wrap up (most of) its cases by end of summer. The D.C. Circuit handed down 5 decisions this week, which as a group illustrate how hard it can be to overturn agency action. […]
Somewhat surprisingly for the last week in April, the D.C. Circuit issued no opinions this week. April usually sees the numbers of decisions ramp up as the court moves into the last month of argument (May) and towards the goal of wrapping up the term’s cases over the summer. Only 7 decisions were handed down […]
If you’re here to read about admin law, you may be disappointed. Only one decision from the D.C. Circuit this week, about public court records, and it remands the case without deciding any of the issues presented. But along the way it reinforces a fundamental principle in our court system: the right of public access […]
As Judge Griffith noted last week on this blog, everyone being discussed in the news as a possible replacement for Justice Breyer has some connection to the D.C. Circuit, and no one more so than Judge Ketanji Brown Jackson. So the big news this week was her first opinion for the D.C. Circuit, issued on […]
The big opinion this past week was Electronic Privacy Information Center v. U.S. Department of Justice, No. 20-5364 (D.C. Cir. Nov. 30, 2021), in which the Court considered Buzzfeed’s appeal of a decision permitting DOJ to redact portions of the Mueller report that relate to individuals who were investigated but not charged by the Special […]
The D.C. Circuit cleared out some long-running cases this week, releasing two opinions from three cases argued in September and December 2020, plus a third opinion in a case from this term. The two older cases drew dissents from Judge Millett. If you’re keeping count, that’s four cases, three opinions, and two dissents, which encompassed […]
In my first post for Notice and Comment, let me begin by saying how grateful I am for the opportunity to join the D.C. Circuit Review – Reviewed team. I look forward to seeing what my fellow contributors have to say each week as we try to keep you up to date on the D.C. […]