“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 […]
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 […]
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 […]
It is often said that the D.C. Circuit is the nation’s second most important court — a topic I’ve addressed before. But if so (and it is very debatable), what does that make the United States District Court for the District of Columbia? Is the “DDC,” by operation of the transitive property, somehow the most […]
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 […]
After yesterday’s decision at the Supreme Court, it seems everyone is talking about administrative law. Well, everyone but the D.C. Circuit. Today the D.C. Circuit issued five decisions and not one of them has much to do with administrative law. The closest, I guess, is a case about foreign sovereign immunity — and that isn’t […]
I learned something new this week: you can order custom postage stamps with an image of your own choosing.* I also learned something else: the Postal Service restricts what types of images you can use. Another thing: no politics are allowed. And one more: this make-your-own-postage program is going to end in a few days. […]
Befitting his status as a graduate of the University of Iowa, Adam White has eyes like a hawk. Earlier this week, he noticed something: Justice Kavanaugh cribbed from Judge Kavanaugh. Here are the two quotes. First, from Justice Kavanaugh’s decision in Thole v. U.S. Bank N.A., decided this week: And second, Judge Kavanaugh’s dissent in […]
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 […]