Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: Vacation?

by Aaron Nielson — Friday, Sept. 6, 2019@Aaron_L_Nielson

Section 706(2)(A) of the Administrative Procedure Act states as follows: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall … (2) hold unlawful […]

D.C. Circuit Review – Reviewed: Sausage Making

by Aaron Nielson — Friday, Aug. 16, 2019@Aaron_L_Nielson

Then-Judge Scalia penned one of the D.C. Circuit’s great sentences: “This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck’s aphorism that ‘No man should see how laws or sausages are made.’” That sentence came to mind today […]

D.C. Circuit Review – Reviewed: Of Mice and Cookies

by Aaron Nielson — Saturday, Aug. 3, 2019@Aaron_L_Nielson

As regular readers may recall, I’m opposed — presumptively — to pop culture references in judicial opinions. That presumption is almost irrebuttable when it comes to Supreme Court opinions, which may be read for a hundred years or more. But even in other courts, they should be used sparingly and only after much consideration. “Pop […]

D.C. Circuit Review – Reviewed: Dead Hands

by Aaron Nielson — Friday, July 26, 2019@Aaron_L_Nielson

I’m on vacation so this will be a quick post. Thankfully, the D.C. Circuit cooperated — we have just two cases. My “con law” friends spend a lot of time thinking about dead hands. Normatively, why is it, they wonder, that decisions made by those who have long since died continue to have legal effect, […]

D.C. Circuit Review – Reviewed: Another Round of the * Game

by Aaron Nielson — Friday, July 19, 2019@Aaron_L_Nielson

When filing a brief in the D.C. Circuit, “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table stating: ‘Authorities upon which we chiefly rely are marked with asterisks.’” This prompts a game we’ve played before […]

D.C. Circuit Review – Reviewed: October in July

by Aaron Nielson — Friday, July 12, 2019@Aaron_L_Nielson

The D.C. Circuit doesn’t hear cases over the summer, but it sure does issue a lot of opinions. Well, except for this week. Today, the D.C. Circuit heard argument. And this week, the Court only issued two opinions. This doesn’t feel like July at all! The D.C. Circuit stops hearing oral argument in May and […]

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