Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: “The Nielson Presumption”

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

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 […]

D.C. Circuit Review – Reviewed: Broadcasts UPDATED

by Aaron Nielson — Friday, Oct. 20, 2017@Aaron_L_Nielson

In a perfect world, each edition of D.C. Circuit Review–Reviewed would have an obvious theme, some common denominator to tie the week’s events together. Sometimes it is easy to find such a theme; when more than one case invokes the Bible, it is pretty easy to know what I’ll write about. Sometimes, alas, no theme […]

D.C. Circuit Review – Reviewed: “Also Known as Fish”

by Aaron Nielson — Friday, Oct. 13, 2017@Aaron_L_Nielson

This is an interesting time in the D.C. Circuit. Last night, the Trump Administration likely mooted the House of Representatives v. Burwell/Price/Wright litigation. Last week, the Department of Justice sought rehearing en banc in Allina Health Services v. Price/Wright. The Trump Administration has also begun the process of undoing the Obama Administration’s Clean Power Plan, […]

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: Fifth Circuit Edition

by Aaron Nielson — Friday, Sept. 15, 2017@Aaron_L_Nielson

I love the U.S. Court of Appeals for the Fifth Circuit. Many years ago I flew to Houston for a clerkship interview with Judge Jerry Smith. I had never been to Houston before; indeed, I may not have ever been to Texas before. When I arrived, I remember worrying about the humidity and the heat. […]