Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: Epigraphs

by Aaron Nielson — Friday, July 21, 2017@Aaron_L_Nielson

Judge Henderson of late has been adding epigraphs to her opinions. Last week she did it in Maze v. IRS: “No taxes can be devised which are not more or less inconvenient and unpleasant.” And this week she did it in Bellagio, LLC v. NLRB: In Vegas, everybody’s gotta watch everybody else. Since the players […]

D.C. Circuit Review – Reviewed: Welcome to Lancaster

by Aaron Nielson — Friday, June 30, 2017@Aaron_L_Nielson

Here at Notice & Comment, we square our shoulders and address the hard questions. No matter how controversial, no matter how divisive, we do not flinch from this duty. After all, we fill our bellies here with meat, not milk; we put away childish things. The time therefore has come for all right-thinking men and […]

D.C. Circuit Review – Reviewed: SEC ALJs = SCOTUS-Bound

by Aaron Nielson — Monday, June 26, 2017@Aaron_L_Nielson

The D.C. Circuit just issued an unusual order in the ongoing saga of Raymond J. Lucia Companies, Inc. v. SEC. I won’t repeat the full background here; this post already does the trick. The dispute is whether SEC administrative law judges are “inferior officers” for purposes of Article II. The Tenth Circuit has held that […]