One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]
Last week I wrote a special edition of D.C. Circuit Review – Reviewed dedicated to the Tenth Circuit’s Appointments Clause decision. This week, the D.C. Circuit issued no opinions. So I’ve decided to again look beyond the D.C. Circuit to see what else is happening in the wide, wide world of administrative law. It turns […]
There are no D.C. Circuit opinions this week, but even so, we live in interesting times — especially in the world of administrative law. Right now, President-elect Trump is putting together his slate of cabinet nominees, Congress is paying close attention to the Congressional Review Act, and Chief Judge Garland is preparing to return to […]
Yesterday, the D.C. Circuit announced its decision in United States Telecom Association v. FCC, i.e., the Net Neutrality case.* The co-authored majority opinion (Judges Tatel and Srinivasan) upheld the FCC’s new scheme over Judge Williams’ partial dissent. Reviewing the competing opinions, I was struck by something: the asymmetrical treatment of economists. First, let’s review the […]
Everyone, it seems, is waiting for the D.C. Circuit’s “net neutrality” decision. The case was argued last December and so could be decided anytime.* But it wasn’t decided this week. Although the D.C. Circuit’s only opinion this week did involve the FCC, and while it was authored by Judge Tatel, it wasn’t the big one […]
I’m neither a constitutional law scholar nor an expert on the Federal Reserve, so I’m reluctant to wade deeper into the debate over the Fed’s constitutionality when I’m already beyond neck deep. In an earlier post, I suggested that “ maybe”—but only maybe—“the Federal Reserve banks are constitutional after all,” a claim that struck me […]
This has been a quiet week at the D.C. Circuit. There was only one published opinion—and it’s about attorneys’ fees. So with this extra time, why not think a little bit more about Amtrak? (Or, if you would rather spend your “five minutes a week” on something else, enjoy this or this instead.) Dan Hemel’s […]
A D.C. Circuit panel held today that the Passenger Rail Investment and Improvement Act of 2008 (PRIIA) is unconstitutional. This is the second time the same panel has struck down the PRIIA (the first time the panel was reversed by the Supreme Court). The panel’s primary holding is that “the PRIIA violates the Fifth Amendment’s […]
Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]
Once again, there was not a lot of action at the D.C. Circuit this week, at least in terms of opinions, as no new ones were released. Like the Supreme Court, the D.C. Circuit (generally) stops hearing cases before the summer. Then in the fall it starts again. So soon, the court will start issuing […]
The late, great Warren Zevon penned a lot of extraordinary songs. His most famous, of course, is Werewolves of London.* My favorite is Mohammed’s Radio (trust me, it stays in your head), though Frank and Jesse James and Mama Couldn’t Be Persuaded are also striking. Mutineer too is great, though I prefer this cover. I mention Warren […]
I previously blogged here about Nicholas Parrillo‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013), noting that the book “is a fascinating read for anyone interested in the history (and future) of administrative law and regulation.” Recently in the pages of the Harvard Law Review, Jon Michaels reviews Nick’s […]
In a characteristically provocative opinion, Justice Scalia, concurring in Perez v. Mortgage Bankers, expressed skepticism over Chevron deference. He suggests that Chevron does not comport with the APA’s directive that “the reviewing court” decide questions of law and that Chevron goes beyond the historic level of deference accorded agency interpretations. Putting aside issues of stare […]