My posts are designed to help you keep track of the D.C. Circuit — with particular focus on administrative law — in five minutes a week. To that end, for nearly five years I’ve provided a summary of the week’s cases.* But this week I’ve really gone above and beyond the call of duty. I’ve […]
This week the Supreme Court unanimously reversed the D.C. Circuit; that doesn’t happen very often. And yesterday there was a (puzzling) brouhaha about a procedural order. Even so, on the whole, it has been a quiet week for the D.C. Circuit.* So I’ll claim a moment of personal privilege. This morning Jerry Sloan passed away. […]
About a year ago I wrote a post entitled Precedential Musings; a few months later I wrote a post entitled A Question Answered.* This week, the D.C. Circuit returned to the issue. In Qassim v. Trump, Judge Millett, joined by Judges Pillard and Edwards, concluded that D.C. Circuit precedent (most notably, Kiyemba v. Obama) merely holds that […]
It was a very quiet week in the D.C. Circuit — just two opinions. In Waggel v. George Washington University, Judge Rao (joined by Judges Rogers and Garland), affirmed that a psychiatry resident could not sue her former employer because she did not request an accommodation or “rebut the University’s legitimate justifications for its actions.” […]
“[P]etitions for rehearing en banc are frequently filed but rarely granted.” So says the Handbook of Practice and Internal Procedures of the D.C. Circuit. Yet this week’s post is all about en banc. First, the D.C. Circuit sat en banc on Monday to hear Allegheny Defense Project v. FERC and on Tuesday to hear Committee […]
About a year ago I wrote a post entitled “Chevron Waiver.” Here is the gist of it: So the Court, this week, wasn’t that busy. Which is good, because it gives me time to elaborate on an issue that came up last week: Chevron waiver. I promised to discuss recent scholarship on the topic. Well, here are three recent articles […]
I teach administrative law for a living — but that isn’t the only thing I teach. I also teach Federal Courts. One thing I enjoy about “Fed Courts” in particular is dusting off old cases, which form a big chunk of the canon. For instance, last month while prepping for class I stumbled across this […]
I received an email a few days ago from a student looking to clerk.* He has authorized me to post it here. The second part of the student’s question is relatively straightforward. If needs be, I suspect most professors will still send letters. The first part of the question, however, is more difficult. As many […]
About a month ago Kristin Hickman tweeted the following: The promised call for papers is now live. The good folks at the Duke Law Journal are owed many thanks for organizing and hosting. It should be a lot of fun. Duke Law Journal’s Annual Administrative Law Symposium Call for Papers The Duke Law Journal invites […]
The D.C. Circuit didn’t decide any cases this week … but the White House today did announce its nominee for the Court’s upcoming vacancy: Judge Justin Walker. Here is the announcement: I don’t know Judge Walker well. We met once at an academic workshop on administrative law. In my limited experience, I found him to […]
I’m pleased to announce that I’ve written an important new article: “The New Separation of Powers in the Age of Coronavirus.” This is still a draft; comments definitely welcome. ### Obviously, I kid. The title, however, comes from a great post at PrawfsBlawg by Paul Horwitz. Professor Horwitz — whom I’ve never met, but whose […]
This week was even crazier than last week. Who would have thought a year ago that we’d be wondering today how many people can lawfully be in a room together? That question now matters a great deal to the Nielsons, however, because my little brother is scheduled to be married tomorrow.* All the while, my […]
Well. This week took a turn I didn’t expect.* Which prompts a question: How has the D.C. Circuit handled disease? Here is the Court’s current approach: And this: But what about in the Court’s cases? Surprisingly, the word “pandemic” has not been used very often. The most recent use was in 2013, in Muwekma Ohlone […]
Effective September 1, 2020, Judge Thomas Griffith will retire from the D.C. Circuit. He is not taking senior status; he is retiring. This is a huge loss. In my experience, Judge Griffith is extraordinarily well liked by his colleagues. He also sends lots of clerks to the Supreme Court; indeed, he is one of the […]
The D.C. Circuit today is in Utah! In about an hour, Judges Garland, Griffith, and Rao will visit BYU Law (where I teach) to judge the law school’s annual Rex E. Lee Moot Court Competition Finals. That doesn’t happen everyday.* Because my day will be spent hosting, this post will be quick. But have no […]