Life on the D.C. Circuit is a mixture of the grand and the mundane. As Haley Proctor wrote in the last entry to this blog, the decisions from the Court two weeks ago included a blockbuster case: a clash between President Biden and former President Trump over presidential records at the heart of a congressional […]
I’m pleased to report that I’ve just posted two papers to SSRN, both co-authored with my friend and colleague Paul Stancil. The first — Gaming Certiorari — is forthcoming in the University of Pennsylvania Law Review. The second — Civil Rights Litigation in the Lower Courts: The Justice Barrett Edition — is forthcoming in the […]
Today, President Biden issued an Executive Order entitled Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government. I suspect that others will provide more substantive thoughts about the order’s various parts. Here, however, is the fact sheet if you want a summary and a list of the agencies involved. There is a lot […]
David Levi and I were two of the three former federal judges who served on the Presidential Commission on the Supreme Court. (Nancy Gertner was the other.) David and I co-authored an op-ed that appears in today’s Washington Post explaining our opposition to proposals to expand the size of the court and limit the terms […]
It was quite a week for hot-button issues in Washington, D.C. During the same week that the U.S. Supreme Court resolved two petitions in cases challenging S.B. 8—the Texas law prohibiting abortions after about six weeks—the D.C. Circuit decided cases touching on January 6, the travel ban, a mask mandate, and, of course, Entergy Arkansas’ […]
Elizabeth Holmes is back in the spotlight. The Stanford dropout and founder of failed blood diagnostics company Theranos recently took the witness stand in a California courthouse to testify in her own defense. While Holmes awaits the verdict in her criminal fraud trial, the Securities and Exchange Commission may be gearing up to crack down […]
Here is the November 2021 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Congress’s Anti-Removal Power by Aaron L. Nielson & Christopher J. Walker (CJW Note: My coauthor Aaron has blogged a bit more about our new paper […]
The big opinion this past week was Electronic Privacy Information Center v. U.S. Department of Justice, No. 20-5364 (D.C. Cir. Nov. 30, 2021), in which the Court considered Buzzfeed’s appeal of a decision permitting DOJ to redact portions of the Mueller report that relate to individuals who were investigated but not charged by the Special […]
The American Constitution Society has issued its annual call for nominations (including self-nominations for separate professor and student categories) for its prestigious Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. As I noted back in June, the 2021 Cudahy awards went to University of Florida Law Professor Andrew Hammond for Litigating Welfare Rights: Medicaid, […]
Jed Shugerman has just posted a short paper, “Removal of Context,” and a series of short blog posts, in which he takes on originalists for misusing Blackstone passages in the removal power debates. Although Jed takes on a number of other scholars, too, he cites my amicus brief in Seila Law as an example of […]
ACUS is hosting a Forum on Enhancing Public Input in Agency Rulemaking tomorrow, December 1, from 1–4 pm ET. This forum grows out of several conversations that took place during ACUS committee meetings and other forums this year. In the spring, ACUS adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The recommendation—largely based […]
There were no new opinions last week, likely due to the Thanksgiving holiday. But that didn’t stop the court from issuing an interesting order on Tuesday, that likely led to some holiday-weekend work for a few attorneys. The case is Trump v. Thompson and it deals with the House investigation into the January 6th riots. […]
I’m delighted to join Notice & Comment to highlight new and continuing projects from the Administrative Conference of the United States (ACUS), as well as other news about ACUS initiatives and recommendations. Many thanks to Emily Bremer for her stewardship of the series. With that, dear reader, here is an all-things-ACUS update. Forum on Underserved […]
The D.C. Circuit published only one opinion this week, resolving a long-running suit that had become moot. The Court also announced that it will reopen for in-person arguments on December 1, 2021. Court watchers can find the protocols here. Members of the general public won’t be allowed to attend in-person, but can watch arguments on […]
*This is the fourteenth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. “The ‘political master’ finds himself in the position of the ‘dilettante’ who stands opposite the “expert”, facing the trained official who stands within the management of […]