Notice & Comment

D.C. Circuit Review – Reviewed: Notice & Comment Blogger to Deputy Attorney General

It has been another quiet week in the D.C. Circuit — just one published opinion.* So what to write about?

Well, here is something. The Court is looking for a court crier:

What an interesting job. Very cool.

Even so, that job posting is probably not enough to justify five minutes of your time (this and this, however …).

But what about this news? Another Notice & Comment blogger has been selected for high-level government service. Jeff Rosen — who, to be fair, is already serving as Deputy Secretary of the U.S. Department of Transportation — has been nominated to serve as the Deputy Attorney General. Here is the White House announcement:

That announcement is all well and good but it leaves out a key point: Rosen is a Notice & Comment blogger! And with apologies to Judge Silberman and some of the other luminaries who have served in the role, I suspect that no Deputy Attorney General in the history of the United States knows more administrative law than he does. To be sure, I’m biased; I worked with Rosen at Kirkland & Ellis. And as Chair, he also encouraged me to join the ABA Section of Administrative Law and Regulatory Practice (which co-hosts Notice & Comment). In my experience, Rosen takes ideas and institutions seriously. I’m confident that he will serve the nation well.

And with that, have a great weekend.

* The opinion this week — in Al-Tamimi v. Adelson — is about the political question doctrine. It is not an administrative law opinion. It also appears that Kirkland & Ellis (where I’m still of counsel) represents a party, so I’ll not share any analysis. Here, however, is how Judge Henderson (joined by Judges Pillard and Edwards) opened her opinion for the Court:

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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