Notice & Comment

Author: Shane Pennington

Notice & Comment

Fifth Circuit Review – Reviewed: New Look, Same Great Taste!

Welcome to another installment of Fifth Circuit Review – Reviewed. Earlier this month, the Fifth Circuit shocked the world. My former (and totally amazing) boss, Evan A. Young, summed up the historic moment: In need of guidance, #AppellateTwitter looked to their fearless leader, Raffi “@RMFifthCircuit” Melkonian, who soon delivered the official confirmation: Not everyone was […]

Notice & Comment

Fifth Circuit Review – Reviewed: Judge Smith Listens To Strict Scrutiny (UPDATED March 17, 2020)

UPDATE: My original post, which appears unchanged below, confidently declares that Judge Smith’s invocation of the slogan “stare decisis is for suckers” in his CFPB v. All Am. Check Cashing dissent shows that Judge Smith listens to Strict Scrutiny. Since then, I received this helpful note from Professor Jonathan H. Adler, explaining why he doubts […]

Notice & Comment

Some Thoughts on How Kisor and Chevron Differ

Cases decided in Kisor‘s wake are already applying the new deference framework in the Chevron context. See, e.g., Braeburn Inc. v. FDA, 389 F. Supp. 3d 1 (D.D.C. 2019); E. Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922, 939 (N.D. Cal. 2019), order reinstated, 391 F. Supp. 3d 974 (N.D. Cal. 2019). I wish they’d knock it off, though. As […]

Notice & Comment

Fifth Circuit Review-Reviewed: Article III Cowboy Hat Tips and D.C. Circuit Exceptionalism

After a longer-than-I-would-have-liked break, I’m back with another installment of Fifth Circuit Review—Reviewed. This post will be longer than usual because so much has happened since my last update. I think I’ll start where Aaron Nielson’s most recent D.C. Circuit Review—Reviewed left off. Aaron discussed Judge Tatel’s opinion in Save Jobs USA v. DHS, No. 16-5287 (D.C. Cir. […]