Last week I wrote a special edition of D.C. Circuit Review – Reviewed dedicated to the Tenth Circuit’s Appointments Clause decision. This week, the D.C. Circuit issued no opinions. So I’ve decided to again look beyond the D.C. Circuit to see what else is happening in the wide, wide world of administrative law. It turns […]
“Arbitrary does not mean capricious.” That’s a pretty good line — I’m glad I wrote it!* Last year, I explained that although New Year’s Day is, in a sense, a silly holiday (Yay! Let’s celebrate the calendar!), “[t]he fact that January 1st is arbitrarily set as the first day of the year doesn’t mean we […]
Extra, extra — Tenth Circuit explicitly disagrees with D.C. Circuit regarding SEC administrative law judges. This is a special, midweek edition of D.C. Circuit Review — Reviewed. The Tenth Circuit just created a circuit split with the D.C. Circuit about an important constitutional question. Earlier this year, the D.C. Circuit held that SEC Administrative Law […]
This Christmas Eve, I’ve decided to explore the D.C. Circuit’s history with Christmas. It turns out to be a pretty interesting history. (It also turns out that Christmas is not always a time of happiness.) Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia […]
This has been a fairly quiet week in the D.C. Circuit. We have four cases — none of which is a blockbuster. Yet one case in my particular caught my attention: Angelene Hardaway v. District of Columbia Housing. Here’s why: The prevailing attorneys (Dina B. Mishra and Steven H. Goldblatt) were “appointed by the court,” […]
This week has been busy in the D.C. Circuit. There are nine cases. But only three have anything to do with administrative law. That fact reminded me of a quirky tidbit that I discovered about the D.C. Circuit: The number of administrative appeals decided by the D.C. Circuit appears to have been declining over the […]
We find the PRC’s interpretation that “service standards” should be measured in conjunction with separately defined performance goals reasonable and entitled to deference. The PAEA requires the Postal Service to establish a set of service standards, not service guarantees. See 39 U.S.C. § 3691(a). These standards must be designed to ‘reasonably assure Postal Service customers […]
There are no D.C. Circuit opinions this week, but even so, we live in interesting times — especially in the world of administrative law. Right now, President-elect Trump is putting together his slate of cabinet nominees, Congress is paying close attention to the Congressional Review Act, and Chief Judge Garland is preparing to return to […]
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 […]