Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: Under No Circumstances Should President Trump Nominate *This Judge* to the Supreme Court

by Aaron Nielson — Friday, July 6, 2018@Aaron_L_Nielson

The President will soon nominate a replacement for Justice Kennedy. Different folks have their favorites. That’s understandable — there are many talented folks in the mix.* What is less understandable are some of the attacks made on potential nominees by supporters of other nominees. To be sure, I have no objection to fair criticism; this […]

D.C. Circuit Review – Reviewed: A Special Judge Kavanaugh Edition (Co-Authored by Jenn Mascott)

by Aaron Nielson — Thursday, June 28, 2018@Aaron_L_Nielson

You may have noticed that Notice & Comment has hosted a series of posts highlighting the administrative law views of several judges on President Trump’s list of potential Supreme Court nominees. In light of this week’s big news (and no, we aren’t talking about the D.C. Circuit’s Revised Bills of Costs), it’s time for D.C. […]

D.C. Circuit Review – Reviewed: Ten Small Thoughts About Lucia

by Aaron Nielson — Friday, June 22, 2018@Aaron_L_Nielson

If you care about administrative law judges (and who doesn’t?*), you ought to follow Kent Barnett on Twitter (ugh). He knows more about ALJs — and their cousins, administrative judges — than anyone I know. And if you care about the Appointments Clause (and, again, who doesn’t?**), you ought to follow Jenn Mascott on Twitter. […]

D.C. Circuit Review – Reviewed: Let’s Be Practical

by Aaron Nielson — Friday, June 15, 2018@Aaron_L_Nielson

From time to time I indulge my theoretical side. At heart, however, I’m a pretty practical person. That’s why I love being a lawyer. Law requires theory. But it isn’t just theory; it is theory applied to very practical problems.* The D.C. Circuit, like the Supreme Court, is a theory-heavy court. But it also is […]

D.C. Circuit Review – Reviewed: The Irons Footnote

by Aaron Nielson — Friday, June 8, 2018@Aaron_L_Nielson

It’s summer again — at least in the D.C. Circuit. As explained last week, June, July, and August are busy months in the nation’s “second most important court.” We have seven opinions — and one important order.* This creates a dilemma for, well, me. I could discuss all of the cases in great detail. But […]

D.C. Circuit Review – Reviewed: Boo-Hoo, Daniel Epps!

by Aaron Nielson — Friday, June 1, 2018@Aaron_L_Nielson

The Supreme Court is in crisis. It is already June yet almost half of the High Court’s cases remain undecided. For the Justices to finish their work by July 1, they will have to decide “29 of 63 argued cases” this month alone. What is happening? And why? Most importantly, can the Court — nay, […]