More on Amtrak and “Company A,” by Daniel Hemel

by Daniel Hemel — Wednesday, May 4, 2016

In a characteristically thoughtful post discussing the D.C. Circuit’s decision in American Association of Railroads v. Department of Transportation, Aaron Nielson writes: Imagine three companies—let’s call them A, B, and C. Each manufactures cars. Imagine further that Congress authorizes A to regulate B and C, and A uses that power to benefit itself, for instance […]

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D.C. Circuit Review – Reviewed: Is Amtrak “Company A”?

by Aaron Nielson — Sunday, May 1, 2016@Aaron_L_Nielson

Imagine three companies—let’s call them A, B, and C. Each manufactures cars. Imagine further that Congress authorizes A to regulate B and C, and A uses that power to benefit itself, for instance by requiring B and C to provide valuable inputs to A on preferential terms. Would that be constitutional? Certainly not, at least […]

Afterward to the Constitutional Coup Symposium (Part II), by Jon D. Michaels

by Guest Blogger — Wednesday, Apr. 4, 2018

V. Aaron Nielson is always among the most cheerful and helpful of critics.  In his review (“Pretend Privatization”), Aaron focuses on what he calls pretend privatization, which he defines in terms of “situations in which the government tries to avoid being labeled as the government, even though it still wants to exercise the powers of […]

Afterward to the Constitutional Coup Symposium (Part I), by Jon D. Michaels

by Guest Blogger — Monday, Apr. 2, 2018

Let me begin by apologizing for the delay and by thanking the JREG crew and, of course, Chris Walker, for hosting this symposium and putting together a remarkable roster of essayists. The breadth and depth of the essays are a testament to the strength and vitality of the administrative law community. What’s more, they reflect […]

Pretend Privatization

by Aaron Nielson — Monday, Mar. 5, 2018@Aaron_L_Nielson

Jon Michaels has written an important book — and I say that even though I suspect that he and I disagree about many things! Although the administrative state has value, it also “has its share of problems.” For instance, the federal government sometimes overreaches in “ominous” and even “crushing” ways. Like the Chief Justice, I’m […]

D.C. Circuit Review – Reviewed: En Banc Review

by Aaron Nielson — Saturday, Sept. 30, 2017@Aaron_L_Nielson

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 […]

D.C. Circuit Review – Reviewed: A Collegial-ish Court

by Aaron Nielson — Friday, Apr. 28, 2017@Aaron_L_Nielson

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 […]

D.C. Circuit Review – Reviewed: Breaking News (From About Three Weeks Ago)

by Aaron Nielson — Saturday, Feb. 18, 2017@Aaron_L_Nielson

One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]

D.C. Circuit Review – Reviewed: Eighth Circuit Edition

by Aaron Nielson — Friday, Jan. 6, 2017@Aaron_L_Nielson

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 […]