It has been another quiet week in the D.C. Circuit — just one published opinion.* So what to write about?
What an interesting job. Very cool.
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:
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