This week I want to try something new. I’ve been thinking about the future of administrative law and have some thoughts for Congress. So why not write a letter? Dear Congress: There are “swirling rumors” that the Senate may pass the Separation of Powers Restoration Act (“SOPRA”) (the House has already passed it). If this […]
While many things in Washington will change as a result of last Tuesday’s results, one thing that will not change is the importance of the D.C. Circuit. The nation’s leading administrative law court will continue to review agency actions in the Trump era, including actions based on agency interpretations of the statutes they administer. And […]
This week has been, shall we say, an eventful one. With so many stories to choose from, I’ve wondered what I should write about. For instance, what is going to happen in PHH Corp v. CFPB? That decision has become much more important. Now that “for cause” removal for the CFPB Director is gone, presumably […]
Today is an important anniversary: 25 years ago, on November 5, 1991, Justice Clarence Thomas asked his first question as a member of the U.S. Supreme Court. Earlier this week, I posted an essay I co-authored with RonNell Andersen Jones that collects and analyzes his questions. Today, I’ll use D.C. Circuit Review – Reviewed to […]
Almost a year ago, I wrote a post challenging the idea that the Chief Justice does not assign important opinions to Justice Sotomayor. This week, my analysis is similar — but this time it involves Justice Thomas. As I explained last year, here is an important principle when it comes to understanding the Supreme Court: […]
The D.C. Circuit is a predictable court — until it’s not. I’ve been blogging about the D.C. Circuit for over a year and I thought I had the pattern down. The Court issues opinions on Tuesdays and Fridays–meaning no opinions the rest of the week. Thus, I felt safe taking my children–who, for reasons I […]
The D.C. Circuit issued an important decision today: it held that the removal protections for the Director of the Consumer Financial Protection Bureau violate Article II of the Constitution. As a remedy, the D.C. Circuit essentially excised the Director’s “for cause” removal protection from the U.S. Code. This means that if the President is unhappy […]
(This was a very quiet week at the D.C. Circuit. No opinions. So feel free to skip this post. If you want something else to spend five minutes on, consider this–just for the experience. Warning: that link may haunt your dreams.) This is not a novel observation, but even so, here goes: Researchers should publish […]
The D.C. Circuit, sitting en banc, devoted over seven hours — seven hours! — of oral argument to a single matter. And the full court opted to hear the case en banc in the first instance, without an ordinary three-judge panel ever having a shot at it. Obviously, the media paid attention. With so much […]
The big(-ish) news this week is that Judge Pillard will participate in the en banc “Power Plant Rule” argument next Tuesday. (Chief Judge Garland still is recused.) We don’t know why she was recused before or why she is not recused now. But that is par for the course; often the reasons for recusals are […]
Although the D.C. Circuit issued two opinions this week, it really only addressed one question: What exactly is fair game for an employee to do during a labor dispute? And the answer? It can be hard to say—so ask the NLRB! Consider first Consolidated Communications, Inc. v. NLRB. Here, the Court (per Judge Millett, joined […]
Each week I blog about the D.C. Circuit. There is a reason for this. In today’s world, we are flooded with commentary about the Supreme Court—and the law of diminishing returns is real. Thus, although the D.C. Circuit is (probably) less important than the Supreme Court, there is more “bounce to the ounce” in covering […]
Contrary to the old canard that “every law professor . . . can recite A Few Good Men from memory,” I don’t think I’ve ever actually seen A Few Good Men in its entirety. Sure, I’ve stumbled across snippets of it (it seems like it has been rebroadcast on TNT, I don’t know, about four […]
Reader, no doubt you have come to appreciate just how much nicer the new Notice & Comment looks compared to the old site. (Indeed, the old Notice & Comment looked a lot like this or even this.) To be sure, the transition has not been seamless; I’ve noticed a hiccup now and then. But on […]
About six months ago, I wrote a post on dissenting opinions in the D.C. Circuit. This seems like a good week to update that post with a list of every concurrence and dissent filed in the D.C. Circuit since January 30, 2016. As an added bonus, because students are just now coming back to school, […]