Nasdaq may have broken a seven-week losing streak on Wall Street, but its losses continued at Constitution Avenue. More on that in a moment, but first a quick look at non-opinion news because this week has been an eventful one at the D.C. Circuit. On Monday, the Supreme Court unanimously vindicated the D.C. Circuit, which […]
The Court issued only one opinion last week, but fortunately for readers of this blog, it involves administrative law. It also provides an enlightening grammar lesson for any reader who, like me, learned most of her grammar in a foreign language class. Gentiva Health Services, Inc. v. Becerra involved a challenge to CMS’s methodology for […]
The Court issued three decisions touching on administrative law this week.* There is no obvious theme uniting the three, which cover much of the waterfront of executive regulatory authority, from labor relations, to energy, to public health and immigration. Two decisions resolve petitions for review of final agency action, and the third, an interlocutory appeal […]
Last week, the D.C. Circuit resolved four sets of petitions for review and one appeal. Each set of petitions for review models a different form of regulatory cooperation between the government and private entities: a statute that incorporates industry standards, private enforcement of an agency license, agency review of rules promulgated by self-regulatory organizations, and […]
It was quite a week for hot-button issues in Washington, D.C. During the same week that the U.S. Supreme Court resolved two petitions in cases challenging S.B. 8—the Texas law prohibiting abortions after about six weeks—the D.C. Circuit decided cases touching on January 6, the travel ban, a mask mandate, and, of course, Entergy Arkansas’ […]
I hope everyone had a happy Halloween weekend. My husband and I took our children trick-or-treating not far from the E. Barrett Prettyman Courthouse, where we enjoyed perfect fall weather in a festive residential neighborhood of D.C. At my children’s request, I was dressed as Mayor Goodway, the mayor of Adventure Bay in the animated […]
Happy (belated) Constitution Day! This is my first post for Notice and Comment, and I am grateful to the Yale Journal on Regulation and my fellow authors of the D.C. Circuit Review – Reviewed for the opportunity. Appropriately, the Constitution plays a role in both decisions issued by the D.C. Circuit on Constitution Day. […]