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 […]
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 […]
In a recent post, Prof. Aaron Nielson noted that Notice & Comment once considered starting a “D.C. Circuit Review–Reviewed-style column for the Ninth Circuit.” This sounded like a great idea to me, so I reached out to the editors and volunteered for the part. Henceforth, on the 9th of every month, I’ll report on the […]
This is the second part of a two-part blogpost previewing United States v. Zubaydah, one of two cases this Supreme Court term in which the Court will take up the rarely-discussed state secrets privilege. Part I of this series laid out the state secrets privilege (largely focusing on United States v. Reynolds, 345 U.S. 1 […]
The state secrets privilege allows the government to prevent the disclosure of military and diplomatic secrets in litigation. There is little Supreme Court precedent regarding the privilege — the seminal case being United States v. Reynolds, 345 U.S. 1 (1953). However, the Court has granted certiorari in two state secrets cases — U.S. v. Zubaydah, […]
This will be a quick post; I am traveling.* Today the Supreme Court granted certiorari in an important administrative law case — out of the Ninth Circuit: Why am I writing a post about the Ninth Circuit? Isn’t that what Ninth Circuit Review — Reviewed is for? Because this isn’t really a Ninth Circuit case […]