I’m thrilled to close out the first cycle of posts for the refreshed D.C. Circuit Review – Reviewed. I consider myself the clear novice of the group, and look forward to reading and learning more throughout the term. Fortunately, the court is easing me into my role, issuing only one decision this week. Breiterman v. […]
While this is my first post for D.C. Circuit Review – Reviewed, I am happy to return to blogging at Notice & Comment and to be part of the team keeping you up to date when opinions drop — and when they don’t. This week they didn’t. But the D.C. Circuit heard oral argument in […]
In my first post for Notice and Comment, let me begin by saying how grateful I am for the opportunity to join the D.C. Circuit Review – Reviewed team. I look forward to seeing what my fellow contributors have to say each week as we try to keep you up to date on the D.C. […]
At my investiture, I confessed that I had long been in awe of the judges on the D.C. Circuit who were now my colleagues. Caveat lector: Nothing changed during the fifteen years that I served alongside them. Which means that my contributions to the D.C. Circuit Review – Reviewed, a blog I read religiously while […]
Happy (belated) Constitution Day! This is my first post for Notice and Comment, and I am grateful to the Yale Journal on Regulation and my fellow authors of the D.C. Circuit Review – Reviewed for the opportunity. Appropriately, the Constitution plays a role in both decisions issued by the D.C. Circuit on Constitution Day. […]
Tomorrow is the first day of the D.C. Circuit’s new term. And today is the first day of Version 2.0 of D.C. Circuit Review – Reviewed, your weekly source of information on the nation’s “second most important court.” Between 2015 and 2020, I closely tracked the D.C. Circuit’s cases.* Over time, I learned the patterns; […]
Last year, I wrote a post called “More Chevron Waiver.” My point was that although the D.C. Circuit has held that “an agency’s lawyers cannot forfeit the applicability of Chevron deference unless the underlying agency action fails to manifests its engagement in the kind of interpretive exercise to which review under Chevron generally applies,” the Supreme Court (per Justice Breyer) in County of Maui […]
This week, the D.C. Circuit issued an en banc order: If you are interested in what this case is about, here is how the panel decision begins: The concurring opinion by Judges Tatel and Ginsburg, in turn, says: Interesting. Because the subject has been on my mind, however, I want to focus on the appointment […]
A couple of weeks back, I noted the speculation that President Biden would nominate Judge Ketanji Brown Jackson to the D.C. Circuit. Now, the nomination is official. Congratulations, Judge Jackson! For this post, I decided to do a quick search of Judge Jackson’s involvement with the D.C. Circuit. Using Westlaw,* I found 38 cases, including […]
The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]
I wasn’t planning on writing a post today. But wow — what an unusual day in the D.C. Circuit.* Let’s start with United States v. Scurry (also known as “E”). Here is how the per curiam (Judges Millett, Pillard, and Katsas) begins: I’ve never seen that before. It gets more interesting, though. Eric Scurry’s counsel […]
I wrote a post every week about the D.C. Circuit from August 2015 to August 2020.* Then I stopped. Life is busy. But I still read the D.C. Circuit’s opinions. And today seems like a good day for a quick post. After all, today’s opinion is all about deference — which is what I’ve been […]
Nope!* * It’s been a good run. If you’re interested, here is the complete list of posts: August 2015: Obamacare Round 3? King Solomon and the APA “It was the best of times ….” Can You Keep a Secret? September 2015: The Second Most Important Court? The Future of […]
From time to time, I like to play the * Game here at D.C. Circuit Review — Reviewed.* The game comes from the D.C. Circuit rule that “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
The most important news this week in the world of law is that someone is leaking information about internal Supreme Court deliberations: This is a bad development. Leaks can destroy collegiality — collegiality that takes a great deal effort to build and which facilitates intellectual engagement. Leaks also can lead to self-censorship; if the justices […]