Notice & Comment

Results for: ninth circuit review-reviewed

Notice & Comment

Ninth Circuit Review-Reviewed: Supreme Court Puts Wind in Sails of Court’s Critics of Morally Turpitudinous Crimes in Immigration Law, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. On 6th June, a Ninth Circuit panel granted the government’s request to amend the court’s March order in Barbosa v. Barr. While the amendment is incidental, […]

Notice & Comment

Ninth Circuit Review-Reviewed: CFPB Survives Another Separation of Powers Challenge, But Agency Isn’t Yet in the Clear, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. The Elusiveness of Plain Meaning in Organic Statutes Outside of date-certain deadlines, are enabling acts ever truly plain? This week’s lead case presents an instance where […]

Notice & Comment

Ninth Circuit Review-Reviewed: Critiquing the “Step 1.5” Loophole in APA § 701(a)(2), by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month I highlight a fascinating loophole in APA § 701(a)(2)’s preclusion of judicial review for action “committed to agency discretion by law.” In practice, Article III courts recognize two types of actions […]

Notice & Comment

Ninth Circuit Review-Reviewed: Court’s Constitutional Critics of “Crimes Involving Moral Turpitude” Should Start with Chevron, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” On 28th March, in a thoughtful concurring opinion to Aguirre Barbosa v. Barr, Judge Marsha Berzon “join[ed] the chorus of voices calling for renewed consideration as to whether the phrase ‘crime involving moral […]

Notice & Comment

Ninth Circuit Review-Reviewed: A Spectrum of Modesty in Article III Policymaking, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” In this month’s post, the common thread among the controversies is that they all implicate how courts can render administrative policy by interpreting texts that carry the force of law. In this realm, […]

Notice & Comment

Ninth Circuit Review-Reviewed: Panel Sows Confusion on Doctrine for Reviewing Nonlegislative Rules, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to January’s cases. In Gill v USDOJ, the Ninth Circuit made hash of an important administrative law doctrine. To be precise, the panel seems to have either ignored or implicitly […]

Notice & Comment

Ninth Circuit Review-Reviewed: Has the Ninth Circuit Beaten a Path around Franklin v. Massachusetts? (Also: comprehensive review of Chevron’s early years before the court!), by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed! In what was otherwise a slow December, the court did address one blockbuster controversy. In East Bay Sanctuary Covenant v. Donald Trump, a majority panel denied the government’s request to stay a temporary injunction imposed by a district court on the Trump administration’s recent policy to limit aliens’ eligibility […]

Notice & Comment

Ninth Circuit Review—Reviewed: Nationwide Preliminary Injunctions before CA9, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we’re going to take a deep dive into a hot-button issue: nationwide preliminary injunctions. Let’s get straight to business. Surveying the Schizophrenic Law of the Circuit on Universal PIs   Prior to the Trump-era, august principles of […]

Notice & Comment

Fifth Circuit Review – Reviewed: Judge Smith Listens To Strict Scrutiny (UPDATED March 17, 2020)

UPDATE: My original post, which appears unchanged below, confidently declares that Judge Smith’s invocation of the slogan “stare decisis is for suckers” in his CFPB v. All Am. Check Cashing dissent shows that Judge Smith listens to Strict Scrutiny. Since then, I received this helpful note from Professor Jonathan H. Adler, explaining why he doubts […]