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 […]
I’m pleased to report that the University of Pennsylvania Law Review has agreed to publish my latest article: The Minor Questions Doctrine. Here’s the abstract: Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts from deferring to an agency’s otherwise reasonable interpretation of an […]
Nope!* * It’s been a good run. If you’re interested, here is the complete list of posts: August 2015: Obamacare Round 3? King Solomon and the APA “It was the best of times ….” Can You Keep a Secret? September 2015: The Second Most Important Court? The Future of […]
I’ve often said that this is the greatest opening line in the history of the D.C. Circuit: “In the Spring of 1985, as Mikhail Gorbachev was assuming the duties of General Secretary and inaugurating perestroika, the Federal Energy Regulatory Commission launched its own restructuring of the natural gas industry.” The sentence reflects the best of the […]
From time to time, I like to play the * Game here at D.C. Circuit Review — Reviewed.* The game comes from the D.C. Circuit rule that “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
The most important news this week in the world of law is that someone is leaking information about internal Supreme Court deliberations: This is a bad development. Leaks can destroy collegiality — collegiality that takes a great deal effort to build and which facilitates intellectual engagement. Leaks also can lead to self-censorship; if the justices […]
“I’m from the Government, and I’m here to help.” * Why did that iconic quote from President Reagan come to my mind this week? Because of Ghostbusters. Let me explain. The number of things to do is limited in this age of Covid-19. It’s hot outside; sports have been on hiatus; travel has slowed to […]
The Supreme Court reverses every circuit from time to time. It comes with the territory. Why do I mention it? Because the Supreme Court this week repeatedly disagreed with the D.C. Circuit’s procedural decisions regarding executions. The Supreme Court — in a series of late night, divided orders — vacated stays from the DDC. But […]
Note: This will be a quick post.* I like to come up with creative themes for D.C. Circuit Review — Reviewed. For the last two weeks, however, I’ve failed miserably: A Bad Week for the DDC and A Bad Week for the D.C. Circuit. Unfortunately, this week’s theme is even worse. For you see, I’ll […]
Last week was a bad one for the DDC. Well, this week was a bad one for the D.C. Circuit. In Seila Law v. CFPB, the Supreme Court rejected the en banc D.C. Circuit’s decision in PHH Corp. v. CFPB. Familiarity with PHH Corp. and Seila Law will be assumed for this week’s post. (If […]