Last week the en banc D.C. Circuit issued a per curiam order denying rehearing in Citizens for Responsibility and Ethics in Washington v. Federal Election Commission (CREW II), 993 F.3d 880 (D.C. Cir. 2021), accompanied by a concurring opinion authored by Judge Rao (and joined by Judges Henderson, Katsas, and Walker), and a dissenting opinion […]
Humane Society of the United States v. U.S. Department of Agriculture returned this week. D.C. Circuit Reviewer Hyland Hunt wrote an in-depth post on this interesting case earlier this year. As Hyland explained, the case grew out of the longstanding practice by incoming presidential administrations of halting (and, upon review, withdrawing) the outgoing administration’s rules […]
At this blog, it goes without saying that we focus on the second highest court in the land. But every now and again, news from the highest court is too D.C. Circuit-centric to pass up. Which is unsurprising, given that four Justices hail from the august halls of the D.C. Circuit. We now have a […]
For this holiday week, there was one item on the menu at the D.C. Circuit: the extraordinary remedy of mandamus. The EPA’s violation of law, it turned out, was clearer than crystal. In re Center for Biological Diversity granted the writ to force EPA to do something that the D.C. Circuit told it to do […]
The D. C. Circuit issued only one decision this week. In Ohio Nuclear-Free Network v. Nuclear Regulatory Commission, the Court rejected a petition challenging the agency’s grant of a license to produce uranium for failure to prepare the analysis called for by the National Environmental Policy Act. In an opinion written by Judge Henderson (within […]
Consistent with recent weeks, no opinions this week. A few judgments, but nothing of note. But the Court was not on vacation! It heard argument in 11 cases, with a few likely to lead to decisions of note for administrative law types. The “big” admin case heard this past week, in terms of general media […]
No opinions from the D.C. Circuit this week, but events of the week certainly promised decisions to look forward to. On Monday, October 31, Judge Pan blocked the proposed merger between Penguin Random House and Simon & Schuster on the ground that it would substantially lessen competition “in the market for the U.S. publishing rights […]
The D.C. Circuit did not release new opinions during the week of October 17. There were oral arguments in cases that we’ll follow at D.C. Circuit Review—Reviewed, including litigation over Exemption 4 to FOIA. But that’s not the biggest or most interesting news from last week at the D.C. Circuit. To my mind, the highlight […]
Fall is a time of transition, and so it is on the D.C. Circuit this year. As my colleague wrote, the Court lost one of its luminaries with Judge Silberman’s passing. Two new judges have joined; Judge Childs’ first sitting was in September and Judge Pan has her first sitting in November. And the Court […]
It’s hard to imagine the D. C. Circuit without Judge Larry Silberman. As has been noted by many since his passing last week he was a commanding presence, an iconic judge. https://www.nytimes.com/2022/10/05/us/laurence-silberman-dead.html; https://www.washingtonpost.com/obituaries/2022/10/03/laurence-silberman-federal-appeals-judge/; https://www.yalejreg.com/nc/the-most-intimidating-judge-i-ever-met-reflections-on-judge-laurence-silberman/; https://www.wsj.com/articles/america-loses-a-judicial-giant-laurence-silberman-restraint-dc-circuit-constitution-judge-legacy-scalia-clerks-second-amendment-11664750990 I shall miss him. Before joining the D. C. Circuit I was in awe of Judge Silberman and his singular […]
The D.C. Circuit issued no opinions last week. The week of silence is fitting, for at its end, the Court lost one of its luminaries: Judge Laurence Silberman. His career was long and his talents, many, and he dedicated both to the service of his country. Several moving tributes published in the past day review […]
We are now solidly within the slow period for the D.C. Circuit, as the few outstanding opinions from last term trickle out. Only two opinions this week, and only one is admin-related. In the first, Lin v. District of Columbia, a divided panel reversed in part a grant of summary judgment to the District of […]
It’s not every day that every judge on the D.C. Circuit gets sued. And so, if nothing else, Klayman v. Rao was unusual. In that case, the plaintiff sued not only two D.C. District Court judges but also “all” – all! – “members of the United States Court of Appeals for the District of Columbia […]
As we transition from the late summer flurry of opinions to the relative lull of September, this week’s opinions have slowed to a trickle, with very little of note in the “core” admin law space. The decision that will likely have the most impact on other cases involves the False Claims Act: United States v. […]
The release of seven opinions this week brings to 41 the total number of opinions the D. C. Circuit issued in August. So much for taking off work for the summer! If there is an organizing principle to this week’s opinions, it is too subtle for me to find. Kudos to Chief Judge Srinivasan, Judge […]