Notice & Comment

Ninth Circuit Review

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Is Broken, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. A Divided Court Cannot Stand Every month, I read at least one indignant—and often incredulous—dissent in a major immigration controversy before the Ninth Circuit. March was no exception.  Early in the […]

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Ninth Circuit Review-Reviewed: Disarray at the Feeder Circuit for the Supreme Court’s “Shadow Docket”, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. The Ninth Circuit’s Shadow Silly Docket Of late, there’s been a lot of talk about the Supreme Court’s sinister sounding “shadow docket”—that is, orders and decisions issued by […]

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Ninth Circuit Review-Reviewed: Even More Standing , by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Big Doctrinal Leap on “Competitor’s Standing” Continuing with Aaron’s theme from last Friday, this month’s lead story addresses the doctrinal leap taken by the Ninth Circuit […]

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Ninth Circuit Review-Reviewed: Major Moves Afoot on APA § 704?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. The Supreme Court’s Evolving Doctrine on “Jurisdictional Rules” Has Huge Implications for the APA Given that Article III courts have a duty to police their own […]

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Ninth Circuit Review—Reviewed: A “Hardening Look” Review for the IRS, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Altera Part I: IRS Becoming Less Exceptional in Admin Law “IRS exceptionalism” continues its slow bleed. For reasons that escape me, the White House and federal […]

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Ninth Circuit Review—Reviewed:  Panels Weaponize “Standards of Review” To Launch Preemptive Strikes against Chevron, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]

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Ninth Circuit Review-Reviewed: Does Step One Allow for a Spectrum of Ambiguity?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Isn’t Textual Ambiguity a “Yes” or “No” Question? In Kisor v. Wilkie, the Supreme Court purportedly upheld the Auer doctrine of judicial respect for an agency’s […]

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Ninth Circuit Review-Reviewed: Kisor’s Coming Out Party, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Unanimous Panel Puts Ninth Circuit’s Stamp on Kisor v Wilkie Administrative law doctrines develop in lower courts within the boundaries set from above by the Supreme […]

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Ninth Circuit Review—Reviewed: Split Panel Demonstrates Modern Perversion of Justice Stevens’s Chevron “Legacy,” by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” With the passing of Justice John Paul Stevens, RIP, I’ve read commentaries suggesting his Chevron deference “legacy” is at risk. In fact, these pundits are mistaken. While it’s true that Justice Stevens penned […]

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Ninth Circuit Review-Reviewed: Supreme Court Puts Wind in Sails of Court’s Critics of Morally Turpitudinous Crimes in Immigration Law, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. On 6th June, a Ninth Circuit panel granted the government’s request to amend the court’s March order in Barbosa v. Barr. While the amendment is incidental, […]

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Ninth Circuit Review-Reviewed: CFPB Survives Another Separation of Powers Challenge, But Agency Isn’t Yet in the Clear, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. The Elusiveness of Plain Meaning in Organic Statutes Outside of date-certain deadlines, are enabling acts ever truly plain? This week’s lead case presents an instance where […]

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Ninth Circuit Review-Reviewed: Critiquing the “Step 1.5” Loophole in APA § 701(a)(2), by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month I highlight a fascinating loophole in APA § 701(a)(2)’s preclusion of judicial review for action “committed to agency discretion by law.” In practice, Article III courts recognize two types of actions […]

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Ninth Circuit Review-Reviewed: Court’s Constitutional Critics of “Crimes Involving Moral Turpitude” Should Start with Chevron, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” On 28th March, in a thoughtful concurring opinion to Aguirre Barbosa v. Barr, Judge Marsha Berzon “join[ed] the chorus of voices calling for renewed consideration as to whether the phrase ‘crime involving moral […]

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Ninth Circuit Review-Reviewed: A Spectrum of Modesty in Article III Policymaking, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” In this month’s post, the common thread among the controversies is that they all implicate how courts can render administrative policy by interpreting texts that carry the force of law. In this realm, […]

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Ninth Circuit Review-Reviewed: Panel Sows Confusion on Doctrine for Reviewing Nonlegislative Rules, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to January’s cases. In Gill v USDOJ, the Ninth Circuit made hash of an important administrative law doctrine. To be precise, the panel seems to have either ignored or implicitly […]