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 cases. Altera Part I: IRS Becoming Less Exceptional in Admin Law “IRS exceptionalism” continues its slow bleed. For reasons that escape me, the White House and federal […]
Justice Kavanaugh got folks chatting this week about nondelegation. In particular, although the Supreme Court denied rehearing in Gundy v. United States, Kavanaugh issued a short statement suggesting that he may be open to joining Justice Gorsuch’s effort to reinvigorate the nondelegation doctrine.* Given the holiday, however, you may have missed this week’s other nondelegation case. In Doe #1 v. Trump, the District of Oregon concluded that the “Presidential Proclamation […]
I’m traveling. So today will be a cheat day. As promised,* today I moderated a panel of circuit judges. It was interesting. I learned that (perhaps atypically for a D.C. Circuit judge) Judge Randolph isn’t a fan of Chevron; the D.C. Circuit applies Chevron deference to contracts while the Fifth Circuit does not; and the Ninth Circuit decides many more administrative law cases than any circuit. […]
After a longer-than-I-would-have-liked break, I’m back with another installment of Fifth Circuit Review—Reviewed. This post will be longer than usual because so much has happened since my last update. I think I’ll start where Aaron Nielson’s most recent D.C. Circuit Review—Reviewed left off. Aaron discussed Judge Tatel’s opinion in Save Jobs USA v. DHS, No. 16-5287 (D.C. Cir. […]
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 cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]
Would LeBron James — one of the best basketball players of all time — be a good professional football player? Or, to a bit more realistic, had LeBron James never played basketball at all but instead had devoted himself to football, would he have thrived in the NFL? These are the sorts of questions that […]
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 […]
The D.C. Circuit didn’t decide any cases this week, plus I’m traveling, so this will be a quick post. There is a lot of big talk here at Notice & Comment about which federal appellate court is the nation’s true “Admin Law” court. Is it the Ninth Circuit? What about the Federal Circuit? Or is […]
The D.C. Circuit clearly has an outsized role in the development of administrative law. But it’s hardly the only court of appeals deciding important administrative law cases. Other people have posted to highlight the Fifth and Ninth Circuits’ contributions. This post is to make three points about why the Federal Circuit may have the strongest […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” With the passing of Justice John Paul Stevens, RIP, I’ve read commentaries suggesting his Chevron deference “legacy” is at risk. In fact, these pundits are mistaken. While it’s true that Justice Stevens penned […]
Welcome to another installment of Fifth Circuit Review-Reviewed! As you are no-doubt aware, the Fifth Circuit heard oral argument in Texas v. United States earlier this week, a case challenging the constitutionality of the Affordable Care Act. That case is already getting plenty of attention from many capable commentators, so this post will focus on […]
The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. Its docket is odd. There are some criminal appeals (as you’ll see from […]
When I saw that this blog had added a regular feature on administrative-law happenings in the Ninth Circuit, I knew it was time to propose a similar D.C. Circuit-Review-Reviewed-style column for the Fifth Circuit. I already report on important administrative law decisions from the Fifth Circuit (as well as other topics) on my own blog, […]
The D.C. Circuit gets more than its fair share of regulatory cases. But it does not have a monopoly on them. As regular Notice & Comment readers know, the Ninth Circuit also has a sizable “admin law” docket. The same can be said of the Fifth Circuit. And then-Judge Gorsuch decided a number of important […]
This is a quick post — I’m traveling. Here is a little known fact about Notice & Comment. For a while, we tried to find someone to write a D.C. Circuit Review–Reviewed-style column for the Ninth Circuit, which — like the D.C. Circuit — is also home to a great deal of administrative law. Alas, […]