“[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 […]

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 every day.* Because my day will be spent hosting, this post will be quick. But have […]

This will be a quick post; I’m traveling today. A couple of days ago, USA Today ran an op-ed urging President Trump to award Judge James Buckley the Presidential Medal of Freedom. That op-ed reminded me of a post I wrote in 2018.* Judge Buckley has lived an extraordinary life and certainly merits recognition. Notably, […]

This has been a momentous week in the D.C. Circuit. Chief Judge Garland is now Judge Garland again, and Judge Srinivasan is now Chief Judge Srinivasan.* Here is the press release: This news reminded me of something: I owe Chief Judge Srinivasan a belated thank you. I was a law firm associate in 2011. One […]

A year ago I wrote a post called Standing. In that post, I suggested that “the law professors suing President Trump about the Emoluments Clause ‘pretty clearly lack Article III standing.’”  Well, today, we learned for a fact that the members of Congress who sued President Trump about the Emoluments Clause lack standing. Here is how the […]

Law professor-ing can be a pretty cushy job. At first, teaching is hard, but it gets easier. Serving on committees takes time — but thankfully, I’ve yet to witness Sayre’s Law in action. And, candidly, it doesn’t take that much time. Writing letters of recommendation* is also part of a professor’s life, but it is […]