The Court issued only one opinion last week, but fortunately for readers of this blog, it involves administrative law. It also provides an enlightening grammar lesson for any reader who, like me, learned most of her grammar in a foreign language class. Gentiva Health Services, Inc. v. Becerra involved a challenge to CMS’s methodology for […]
Only a single decision out of the D.C. Circuit this week, and no administrative law to be found. But it does feature a win for my co-contributor Haley Proctor, who was on the brief representing Cuban physicians in Rodriguez v. Pan American Health Organization. The physicians sued the Pan American Health Organization (PAHO) for its […]
“So, you’re a rocket scientist?” That question, put by investment banker Jared Cohen to Peter Sullivan, an associate who has figured out that the bank they both work for is dangling on the precipice of collapse, is among the most memorable from the 2011 film Margin Call. Sullivan’s response? “I was, yeah,” but “the money […]
If you’re here to read about admin law, you may be disappointed. Only one decision from the D.C. Circuit this week, about public court records, and it remands the case without deciding any of the issues presented. But along the way it reinforces a fundamental principle in our court system: the right of public access […]
In a week when our attention was focused on the atrocity of Putin’s invasion of Ukraine, the D.C. Circuit handed down an opinion that hearkens back to Hitler’s effort to destroy Europe. In the consolidated case of David De Csepel v. Republic of Hungary (20-7047) and In re: Republic of Hungary (20-8001), Judges Tatel and […]
The Court issued three decisions touching on administrative law this week.* There is no obvious theme uniting the three, which cover much of the waterfront of executive regulatory authority, from labor relations, to energy, to public health and immigration. Two decisions resolve petitions for review of final agency action, and the third, an interlocutory appeal […]
Since the D.C. Circuit did not issue any opinions last week, I took a look at what might be forthcoming from a certain potential Supreme Court nominee. President Biden has promised to announce his nominee by the end of the month. If Judge Jackson is the chosen nominee (and assuming she follows Judge Garland’s practice) […]
It was bound to happen, wasn’t it? On December 8, 2017, my co-blogger Aaron Nielson reported in D.C. Circuit Review – Reviewed on a speech given by Judge Randolph at the Center for the Study of the Administrative State. Last week Judge Randolph cited Aaron’s post for the first-ever D.C. Circuit citation to D.C. Circuit […]
As Judge Griffith noted last week on this blog, everyone being discussed in the news as a possible replacement for Justice Breyer has some connection to the D.C. Circuit, and no one more so than Judge Ketanji Brown Jackson. So the big news this week was her first opinion for the D.C. Circuit, issued on […]
The big news this week was Justice Breyer’s announcement that he will step down from the Supreme Court at the end of this Term upon the appointment of a successor. Readers of this blog who are inclined to think that most really important legal news must have some connection to the D.C. Circuit (and just […]
Last week, the D.C. Circuit resolved four sets of petitions for review and one appeal. Each set of petitions for review models a different form of regulatory cooperation between the government and private entities: a statute that incorporates industry standards, private enforcement of an agency license, agency review of rules promulgated by self-regulatory organizations, and […]
It was a quiet week at the D.C. Circuit, with no arguments and only two* opinions. In United States v. Turner, the panel addressed the proper interpretation of the Sentencing Guidelines in determining a sentence for a supervised-release violation. Under the Guidelines, the court must first determine the grade of violation based on the severity […]
Last week the D.C. Circuit published six opinions in an early celebration of the new year. The FAA, Amtrak, and arbitration clauses all made appearances in a set of fact-bound opinions with few precedential highlights. I’ve read them all so you don’t have to. For readers of this blog, last week’s highlights included administrative law […]
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 […]
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 […]