This has been a busy week in the legal world — but not in the D.C. Circuit’s corner of it.* The Court issued just two decisions, neither of which, frankly, is likely to make much of a splash in the media. In Holland v. Arch Coal, Inc., Judge Ginsburg (joined by Judges Tatel and Srinivasan) […]

I try to keep my opinions to myself about D.C. Circuit’s decisions, at least for purposes of D.C. Circuit Review – Reviewed. “When it comes to these posts, I see my role as a reporter, not a critic.“* I do this for a couple of reasons. First, without doing a lot more work, it often […]

We have one opinion this week — and it is the last opinion of the decade.* That by itself makes it unusual. Beyond that though, this opinion may prove to be unusually significant for labor law. And Judge Millett has been waiting for just such an opinion since 2016. Not a bad way to end […]

My extended family enjoys large holiday meals. When lots of individual families bring food, the multi-family table fills up quickly. On Christmas Eve, for instance, we had both a turkey and a ham — and potatoes, stuffing, rolls, and pie(s). Then on Christmas, we rendezvoused again for two kinds of enchiladas, Spanish rice, watermelon,* crunchy […]

In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Since then, I have been updating it every year.* So here you go — the 2019 edition of the story of Christmas in the D.C. Circuit. Be warned, though: Christmas is not always jolly. Consider, for instance, the case of Anderson v. White, […]

Well now he’s done it — big time. Orin Kerr has crossed the line. Sure, Professor Kerr writes interesting posts over at the Volokh Conspiracy. Yes, he may be the leading Fourth Amendment scholar of his generation. And true, he may be sociable — even friendly — when you speak to him in person. But […]

This will be another quick post. This week the Senate confirmed Lawrence VanDyke to the Ninth Circuit. Last month the Senate confirmed Steve Menashi to the Second Circuit. Last year the Senate confirmed Ryan Nelson to the Ninth Circuit. What do these three judges have in common? All clerked on the D.C. Circuit and are […]

This will be a quick post; I’m traveling and the wifi on my plane is about to end. Today I participated in a Summit on Modernizing the Administrative Procedure Act at the U.S. Department of Justice. I spoke on a panel about Lessons from the Life of Administrative Law. As I prepared to speak, I […]

Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]

It is hard to not be intrigued by a writ of mandamus — one of “‘the most potent weapons in the judicial arsenal,’” and “a ‘drastic and extraordinary remedy reserved for really extraordinary causes.’” It is no small thing for a court, in the middle of proceedings, to order someone “to properly fulfill their official […]

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 […]

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 […]

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 […]

This will be a quick post. Last week’s theme, you see, was vacation — in the sense of vacatur. This week’s theme is vacation — in the sense of enjoyable travel. Why? Because today I found myself in Washington, D.C. for two separate D.C. Circuit-related investitures. To begin, Chris Landau* took the oath to serve […]

If you follow the D.C. Circuit, you have probably already read the Court’s (latest) “net neutrality” decision, or at least heard about it. When big cases come along, my goal is to come up with something new to say. That often isn’t easy to do. But I try. For instance, after the D.C. Circuit’s 2016 […]