Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: Our (Relatively) Uncontroversial Appointments Clause

by Aaron Nielson — Friday, Nov. 1, 2019@Aaron_L_Nielson

Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]

D.C. Circuit Review – Reviewed: Mandamus Watch

by Aaron Nielson — Friday, Oct. 25, 2019@Aaron_L_Nielson

It is hard to not be intrigued by a writ of mandamus — one of “‘the most potent weapons in the judicial arsenal,’” and “a ‘drastic and extraordinary remedy reserved for really extraordinary causes.’” It is no small thing for a court, in the middle of proceedings, to order someone “to properly fulfill their official […]

D.C. Circuit Review – Reviewed: By Any Other Name

by Aaron Nielson — Friday, Oct. 18, 2019@Aaron_L_Nielson

This will be a quick post; I am traveling.* Today the Supreme Court granted certiorari in an important administrative law case — out of the Ninth Circuit: Why am I writing a post about the Ninth Circuit? Isn’t that what Ninth Circuit Review — Reviewed is for? Because this isn’t really a Ninth Circuit case […]

D.C. Circuit Review – Reviewed: A Question Answered

by Aaron Nielson — Friday, Sept. 20, 2019@Aaron_L_Nielson

A few months back I “wonder[ed] what Judges Randolph and Henderson (the panel majority in Kiyemba) think of today’s decision [in Qassim v. Trump].” We now know the answer, at least for Judge Henderson: She disapproves. Let’s back up. Qassim is about whether procedural due process applies to detainees held at Guantanamo Bay. The D.C. […]

D.C. Circuit Review – Reviewed: Vacation!

by Aaron Nielson — Friday, Sept. 13, 2019@Aaron_L_Nielson

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 […]

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 […]