Well. This was not a quiet week in the D.C. Circuit — even though the Court didn’t decide any cases.* But there is a bit of D.C. Circuit news worth noting. The Supreme Court granted certiorari in Azar v. Allina Health Services. And what is the pressing question? Enjoy:
Maybe a bit more background is necessary. Here is how I explained the opinion last year when it was issued:
Sure enough, the brief in opposition to certiorari raised that vehicle issue:
The United States, however, was able to persuade the Court to take the case anyway:
Got it? 😉
And with that, alas, I’ve got a plane to catch! No doubt I’ll have more on this case in future weeks. Remember this, however: “The D.C. Circuit does pretty well in the Supreme Court.” But we’ll see.
* I have nothing to add to the discussion about the confirmation prospects of Judge Kavanaugh. I suspect everything that can be said has already been said — many times. I do note, however, that no one asked about Judge Kavanaugh’s views on justiciability.
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