The D.C. Circuit is a collegial-ish court. The judges try to play nice, even when deciding hard cases.* And most of them they pull it off. Consider Alon Refining Krotz Springs, Inc. v. EPA. This is a long, complicated opinion penned by a per curiam panel of Judges Pillard and Katsas. It even has a […]
Last September I suggested that those trying to predict the Clean Power Plan outcome by looking at the judges and “counting ‘R’s and ‘D’s” may be in for a surprise. The D.C. Circuit, after all, is serious about its craft and the idea that cases can be predicted this way is — in the words […]
The D.C. Circuit did not decide any cases this week. But that doesn’t mean there is no news. To the contrary: What a wonderful — and sobering — sentiment. The D.C. Circuit is a serious place and when it is at its best, the judges truly have a common calling. I recall (as I’ve recounted […]
Nope!* * It’s been a good run. If you’re interested, here is the complete list of posts: August 2015: Obamacare Round 3? King Solomon and the APA “It was the best of times ….” Can You Keep a Secret? September 2015: The Second Most Important Court? The Future of […]
“[P]etitions for rehearing en banc are frequently filed but rarely granted.” So says the Handbook of Practice and Internal Procedures of the D.C. Circuit. Yet this week’s post is all about en banc. First, the D.C. Circuit sat en banc on Monday to hear Allegheny Defense Project v. FERC and on Tuesday to hear Committee […]
This will be a quick post. Last week’s theme, you see, was vacation — in the sense of vacatur. This week’s theme is vacation — in the sense of enjoyable travel. Why? Because today I found myself in Washington, D.C. for two separate D.C. Circuit-related investitures. To begin, Chris Landau* took the oath to serve […]
Today was a big day for the Yale Journal on Regulation. The Journal hosted a conference on “Regulatory Change & the Trump Administrative State.” I was able to participate on the “Changes in Administrative Law in the Courts” panel. Because the D.C. Circuit was quiet this week,* this post will address some of my remarks. […]
Note: Another quiet week in the D.C. Circuit. This week’s post will be short — especially because I’m traveling. This week the D.C. Circuit formally announced an interesting policy: “Earlier this year, the Court agreed to provide live audio streaming of arguments upon request in an individual case if the panel assigned to the case […]
The D.C. Circuit did a noteworthy yet routine thing this week — it denied rehearing en banc in Wrenn v. District of Columbia, the Court’s recent Second Amendment case. No judge even called for a vote. Why is this “noteworthy”? Because Wrenn addressed a constitutional issue and the panel opinion prompted a dissent. So why […]
This post is self-indulgent; I apologize. This week marks the end of another year of D.C. Circuit Review — Reviewed. My first post was on August 10, 2015. It is now August 11, 2017. Between those two dates, I’ve authored more than 100 posts about the work of the D.C. Circuit. (I don’t think anyone […]
This has been a surprisingly quiet week in the D.C. Circuit: Only one new case — and it is not especially noteworthy. Yet the D.C. Circuit’s term is winding down and there are still many cases to decide. I expected more opinions. (On the other hand, for what it is worth, last year, the first […]