We are now solidly within the slow period for the D.C. Circuit, as the few outstanding opinions from last term trickle out. Only two opinions this week, and only one is admin-related. In the first, Lin v. District of Columbia, a divided panel reversed in part a grant of summary judgment to the District of […]
It’s not every day that every judge on the D.C. Circuit gets sued. And so, if nothing else, Klayman v. Rao was unusual. In that case, the plaintiff sued not only two D.C. District Court judges but also “all” – all! – “members of the United States Court of Appeals for the District of Columbia […]
As we transition from the late summer flurry of opinions to the relative lull of September, this week’s opinions have slowed to a trickle, with very little of note in the “core” admin law space. The decision that will likely have the most impact on other cases involves the False Claims Act: United States v. […]
The release of seven opinions this week brings to 41 the total number of opinions the D. C. Circuit issued in August. So much for taking off work for the summer! If there is an organizing principle to this week’s opinions, it is too subtle for me to find. Kudos to Chief Judge Srinivasan, Judge […]
The D.C. Circuit issued nine opinions this week, six of which concern administrative law or related topics. Beginning with the traditional administrative law cases, Bloomberg v. SEC concerns FINRA’s proposal to create a centralized service that provides bond-market participants core reference data for new issues of corporate bonds. SEC approved the proposal, and Bloomberg—a private […]
Another big week at the D.C. Circuit. The court issued 10 opinions, as the judges clear their dockets before the clerks turn over for the year. Five out of those 10 opinions involve administrative law, so we’ll focus there. The others deal with when a company is a bona fide partnership for tax purposes; a […]
The D.C. Circuit issued ten opinions in the last week of July, so this will be a necessarily brief recap. (Eleven, if you count a concurring statement by Judge Silberman, stating his view that the availability of a remedy under the Federal Tort Claims Act is a special factor precluding a Bivens remedy in a […]
To cut to the answer (for those who have been on the edge of their seats): A final rule is final, such that withdrawing it requires a new round of notice and comment, when the Office of the Federal Register (OFR) makes it available for public inspection. Or possibly earlier, when a signed rule is […]
After a busy week last week—when the Court released ten cases—there was some speculation that the Court might take it easy this week. Not quite. The Court released nine more opinions, including seven administrative law cases, one of which involves a second-round loss for an agency. Two of the cases were direct criminal appeals. First, […]
Last week brought three new opinions from the D.C. Circuit and one revised opinion. Two of the new opinions deal with administrative law, so let’s start there: First up is Crowley Government Services, Inc. v. GSA, which involves one of the first things I learned about as a baby lawyer at the Federal Programs Branch […]
Last week, a sequel led the box office at 333 Constitution Ave., NW. With a script by Judge Millett, it featured the FCC, a star of administrative law opinions at the D.C. Circuit. While Northstar Wireless, LLC v. FCC did not break new ground, those looking for the comfort of the familiar will find something […]
As was the case last week, decisions are starting to flow at the pace you might expect for a court trying to wrap up (most of) its cases by end of summer. The D.C. Circuit handed down 5 decisions this week, which as a group illustrate how hard it can be to overturn agency action. […]
Our team of commentators at D.C. Circuit Review – Reviewed have repeatedly warned our readers that the comparative quiet of the last few weeks on the D.C. Circuit would not last for long. This week proves the point. Although the week started slowly with the release of a single opinion on Tuesday, on Friday the […]
Nasdaq may have broken a seven-week losing streak on Wall Street, but its losses continued at Constitution Avenue. More on that in a moment, but first a quick look at non-opinion news because this week has been an eventful one at the D.C. Circuit. On Monday, the Supreme Court unanimously vindicated the D.C. Circuit, which […]
It’s great that D.C. Circuit Review – Reviewed is now a team effort. One downside, though, is that I don’t blog every week. This means that when lots of things are happening, ideas start to accumulate. Well, it is my turn to write, so here are 13 thoughts on the D.C. Circuit. 1. We all […]