Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

D.C. Circuit Review – Reviewed: This Week’s *Other* Nondelegation Case

Justice Kavanaugh got folks chatting this week about nondelegation. In particular, although the Supreme Court denied rehearing in Gundy v. United States, Kavanaugh issued a short statement suggesting that he may be open to joining Justice Gorsuch’s effort to reinvigorate the nondelegation doctrine.* Given the holiday, however, you may have missed this week’s other nondelegation case. In Doe #1 v. Trump, the District of Oregon concluded that the “Presidential Proclamation […]

Notice & Comment

D.C. Circuit Review – Reviewed: Euclidean

Sometimes the D.C. Circuit throws softballs to the commentariat. When Chief Judge Garland opened an opinion by referencing “Vincent Gambini,” it was obvious what I’d write about. When Judge Millett built an opinion around ingrates in the rodent community, my weekly post wrote itself. Ditto when Judge Randolph and Judge Srinivasan battled each other with literary references. This was just […]