With one exception—a unanimous criminal decision—the D.C. Circuit’s opinions last week all drew dissents. Perhaps the most high-profile case was Anthropic PBC v. U.S. Dep’t of War, No. 26-1049. As an indicator of broad interest, the listing of amicus briefs is about three pages long. Judge Katsas, joined by Judge Rao, rejected Anthropic’s claims that […]
The week of Constitution Day is circled on the calendars of state and federal judges because we are often called on by schools and civic groups to speak at events to tout the virtues of the Constitution. Last week, an unusual Constitution Day celebration was held at the Washington National Cathedral. Dallin Oaks, leader of […]
This is a guest post by Dan Mohr, a 3L at Notre Dame Law School, and research assistant to D.C. Circuit Reviewer Haley Proctor: There were three administrative-law decisions from the D.C. Circuit this week. Oral arguments for one of the cases, Michigan v. Department of Energy, was covered on this blog back in May […]
The D.C. Circuit ended the month of August with a host of opinions on administrative law as well as arbitration and criminal law and criminal procedure. These included a case about generic drugs that involved judicial review under Loper Bright Enterprises v. Raimondo as well as two cases concluding that but-for causation is the default under federal […]
The D.C. Circuit gave us just one administrative-law decision this week, one dealing with new biotechnology, potential bribery, and more! But first, a programming note: In my post several weeks ago, I drew a musical analogy between Queen’s 1984 hit “Radio Ga Ga” and the court’s review of the FCC’s attempt to reinvigorate part of […]
As recounted already, the August opinion rush is in full swing at the D.C. Circuit. The Court issued 17 opinions the week of August 17 (including one opinion re-issued in a public version). Roughly eleven opinions could be described as related to admin law, but given the sheer volume, I’m excluding some cases on jurisdictional/ancillary […]
I’ve written before about the D. C. Circuit practice that a judge who has failed to circulate to the panel more than two of his assigned opinions from the term by August 15 may not hear cases in the new term that begins in September until they have been circulated. For that reason, typically there […]
The D.C. Circuit’s sole administrative law decision last week was a big one: not only because of its high profile (headlines abound), and not only because of its length (136 pages!), but also (most pertinent for this blog) because of the range of administrative law issues it covers. In National Trust for Historic Preservation v. […]
Last week, the D.C. Circuit issued four administrative-law opinions. The first, Advanced Energy United v. FERC, involved the nation’s backlogged interconnection queue—a waiting list of proposed energy-generating facilities seeking to connect to the power grid. Before 2023, a developer seeking to connect a new facility would submit an interconnection request to the transmission provider, which […]
(The following post is by our new contributor, Alexis Abboud, who does not yet have login credentials). It was a busy week at the D.C. Circuit last week! The court issued eight administrative-law-related opinions across a range of domains plus a contracts case wearing administrative-law clothing, so it’s a longer post. I’ve tried my best […]
The midterms and mail-in voting are approaching, and as they do, the federal courts are already deciding cases about postal operations. One such case began in the summer of 2020, a time of pandemic and postal policy changes. The policy changes “included a reduction in the number of high-speed mail sorting machines, a decrease in […]
The D.C. Circuit issued four opinions last week, and none squarely fall into the admin law category. There was a criminal case, a case about defamation claims under D.C. law, and a case about multiemployer pension fund liabilities. The fourth case was not about agency action, but it did address standing principles that come up […]
The D.C. Circuit held its Bench and Bar Judicial Conference in Colonial Williamsburg on June 23-26. In addition to the obligatory session on AI (led by Stanford’s Dan Ho), a review of the Supreme Court term (with Irv Gornstein, Kelsi Corkran, Roman Martinez, and Jeff Wall), and moving tributes to recently departed judges (Judge Urbina […]
The D.C. Circuit issued six administrative-law decisions last week. Several represent the latest installment in protracted legal battles, making for some complicated (or at least long) procedural histories. Taking the prize for the oldest dispute is Baxley v. Driscoll, which began with Baxley’s “Other than Honorable Conditions” discharge from the Army fifty years ago, in […]
The D.C. Circuit issued two orders and two opinions in administrative law cases last week. The court denied a stay of an injunction against DHS’s policy for congressional visits to detention facilities (and Judge Rao explored a broad theory of irreparable injury). The court denied an administrative stay of a permanent injunction to remove President […]