Notice & Comment

D.C. Circuit Review – Reviewed: Local Blogger Makes Good

When we restarted D.C. Circuit Review–Reviewed in 2021, Aimee Brown — a younger lawyer with lots of smarts and gumption — was a key part of our team. Last year, Aimee left the group to move into government service. I’m pleased to see that she has reemerged. Indeed:

Although Aimee has gone on to grander things, D.C. Circuit Review – Reviewed rolls on.*

The Court issued four opinions this week, though one is really short:

(Here’s a link to the panel decision. This in an important case about the First Amendment and employees of the Administrative Office of the United States Courts.)

Another case — China Telecom (Americas) Corporation v. FCC — may also sound familiar. The Court decided the case on December 20, but this week released the public version. Judge Edwards, joined by Judges Henderson and Katsas, concluded the FCC properly “revoked the authority of China Telecom (Americas) Corp. to operate domestic and international transmission lines pursuant to section 214 of the Communications Act of 1934.” China Telecom “dismisse[d] as speculative the Commission’s concern that [it] will be used as a vector of cyberwarfare against the United States,” and argued that the procedures — a paper hearing — used against it were flawed. The Court disagreed. If you are interested in the intersection of admin law and national security, you should read this opinion.

Navajo Nation v. Department of Interior is also noteworthy — though technical. Here is how Judge Henderson opened her opinion (joined by Judges Walker and Sentelle):

Finally, we have Sandoz Inc. v. Becerra. Here is how Judge Rao began her opinion (joined by Judges Millett and Pillard):

The exhaustion discussion is especially important — though, frankly, probably not important enough for Aimee to argue about in her new job. Guffey, on the other hand …

* Fear not: Garrett West joined us last week. I’m eagerly awaiting his thoughts on Chevron waiver.

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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