Notice & Comment

D.C. Circuit Review – Reviewed: Cheat Day

I’m traveling. So today will be a cheat day.

As promised,* today I moderated a panel of circuit judges. It was interesting. I learned that (perhaps atypically for a D.C. Circuit judge) Judge Randolph isn’t a fan of Chevron; the D.C. Circuit applies Chevron deference to contracts while the Fifth Circuit does not; and the Ninth Circuit decides many more administrative law cases than any circuit. It also came up that the practice of not hearing oral argument over the summer is unique to the D.C. Circuit. I already knew that! If you want some great thoughts on the D.C. Circuit, check out this post by Shane Pennington.

The D.C. Circuit didn’t decide any cases this week. The Court did deny rehearing en banc in “Committee on Oversight and Reform of the U.S. House of Representatives v. Trump.” That decision prompted two dissents.

Here is how Judge Katsas, joined by Judge Henderson, concluded his dissent:

And here is how Judge Rao, joined by Judge Henderson, began hers:

Next stop … SCOTUS? We’ll see.

* I said we would have one D.C. Circuit judge, one Federal Circuit judge, and one Ninth Circuit judge. We ended up with one D.C. Circuit judge (Judge Randolph), one Ninth Circuit judge (Judge Ryan Nelson), and one Fifth Circuit judge (Judge Jennifer Elrod). Many sincere thanks to Judge Elrod for her willingness to join the panel as a late addition.

D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court” in just five minutes a week.

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