As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state. The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]
Yesterday, the Supreme Court decided Van Buren v. United States — an important case about the Computer Fraud and Abuse Act of 1986. I’ll leave it to others to discuss the decision. I will address, however, a claim that I’ve seen in a number of places, viz., that Van Buren is “the first time [Justice] […]
This week, the D.C. Circuit issued an en banc order: If you are interested in what this case is about, here is how the panel decision begins: The concurring opinion by Judges Tatel and Ginsburg, in turn, says: Interesting. Because the subject has been on my mind, however, I want to focus on the appointment […]
A couple of weeks back, I noted the speculation that President Biden would nominate Judge Ketanji Brown Jackson to the D.C. Circuit. Now, the nomination is official. Congratulations, Judge Jackson! For this post, I decided to do a quick search of Judge Jackson’s involvement with the D.C. Circuit. Using Westlaw,* I found 38 cases, including […]
The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]
For the first time in more than two decades, former Chief Judge Merrick Garland is no longer a judge of the D.C. Circuit. Judge Garland, of course, was a formidable judge — smart, talented, witty, dutiful, collegial, and a mentor to his scores of clerks. And to top it off, he is quick to show […]
I wasn’t planning on writing a post today. But wow — what an unusual day in the D.C. Circuit.* Let’s start with United States v. Scurry (also known as “E”). Here is how the per curiam (Judges Millett, Pillard, and Katsas) begins: I’ve never seen that before. It gets more interesting, though. Eric Scurry’s counsel […]
I wrote a post every week about the D.C. Circuit from August 2015 to August 2020.* Then I stopped. Life is busy. But I still read the D.C. Circuit’s opinions. And today seems like a good day for a quick post. After all, today’s opinion is all about deference — which is what I’ve been […]
A few weeks ago I posted a registration link for the Duke Law Journal’s administrative law symposium on The Future of Chevron Deference. The symposium will be held via Zoom on February 5, 2021. The event is free and I’m confident that it will be worth your time. In connection with that event, I’m pleased […]
The Duke Law Journal hosts an annual symposium on administrative law. Kristin Hickman and I were invited to helped organize this year’s event, which will be held on February 5, 2021. The theme is the Future of Chevron Deference. Because of Covid, the symposium will be held via Zoom — and is open to anyone […]
Last week, Chris Walker noted that the George Mason Law Review is hosting a symposium to recognize the Administrative Procedure Act’s 75th anniversary. Like Chris, I’ve also prepared a short essay about agency adjudication. My contribution to the symposium — entitled Three Wrong Turns in Agency Adjudication — explores why agency adjudication is more controversial than […]
Last August, the U.S. Supreme Court appointed me as amicus curiae to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency in Collins v. Mnuchin. I filed my brief in October and argued the case last month. I’m just now catching up. I’ve always dreamed about arguing in the Supreme […]
The Federalist Society’s National Lawyers Convention is next week. I’m pleased to see that Judge Janice Rogers Brown is going to deliver a lecture: As you no doubt recall, Judge Brown — for whom I clerked — retired from the D.C. Circuit a few years ago. She doesn’t speak often. It turns out, however, that […]
Like everyone else, I’m saddened at the passing of Justice Ginsburg — another giant of the law. Every year, my Civil Procedure syllabus opens with this observation from “RBG”: “You can have all the rights in the world, but if you can’t enforce them, they aren’t worth very much.” It is hard to find a […]
A couple of weeks back I finished D.C. Circuit Review — Reviewed as a weekly series.* If you’re interested, I’ve penned a short essay about what I’ve learned from five year of posts. I’ve also attached the posts as an appendix so they are available in a single (control-F searchable) place. Here’s the abstract: Thanks […]