Tag Archives: D.C. Circuit Review

D.C. Circuit’s Double-Header on Article II

by Jennifer Mascott — Friday, May 26, 2017@jennmascott

This week the D.C. Circuit sitting en banc heard arguments in its blockbuster (by Washington standards) double-header featuring the appointments and removal implications of Article II. In a nutshell, the cases address whether Article II’s transparency and accountability requirements mean (i) a single head of an executive branch agency must be removable at will (PHH […]

D.C. Circuit Review – Reviewed: Wilco, Trunk Monkey, ThunderCats, Cass Sunstein, Ghostbusters, Katy Perry, Judge Randolph, and Qualified Immunity

by Aaron Nielson — Saturday, Aug. 27, 2016@Aaron_L_Nielson

Reader, no doubt you have come to appreciate just how much nicer the new Notice & Comment looks compared to the old site. (Indeed, the old Notice & Comment looked a lot like this or even this.) To be sure, the transition has not been seamless; I’ve noticed a hiccup now and then. But on […]

D.C. Circuit Review – Reviewed: More Dissent (Plus Advice For Law Reviews)

by Aaron Nielson — Saturday, Aug. 20, 2016@Aaron_L_Nielson

About six months ago, I wrote a post on dissenting opinions in the D.C. Circuit. This seems like a good week to update that post with a list of every concurrence and dissent filed in the D.C. Circuit since January 30, 2016. As an added bonus, because students are just now coming back to school, […]

D.C. Circuit Review – Reviewed: Year Two Begins

by Aaron Nielson — Friday, Aug. 12, 2016@Aaron_L_Nielson

This week’s post marks an anniversary: one year of D.C. Circuit Review–Reviewed. Before summarizing the cases this week, I’ll take a moment to reflect on reading every opinion the D.C. Circuit has released since August 10, 2015.* First, from day one, I made a conscious decision to not let on whether I think the court […]

D.C. Circuit Review – Reviewed: The Frank Easterbrook Edition Redux

by Aaron Nielson — Saturday, July 30, 2016@Aaron_L_Nielson

Last October, I dedicated one of these posts to Judge Frank Easterbrook. I praised him for being “an extraordinary jurist” who is “prolific; influential; and scholarly.”* Of course, Easterbrook is not a judge on the D.C. Circuit, nor would he like to be. But he is an important judge and his views matter—indeed, Westlaw lists […]

D.C. Circuit Review – Reviewed: Resolved Redux

by Aaron Nielson — Saturday, July 23, 2016@Aaron_L_Nielson

Just over six months ago, I set resolutions for myself, law students, the Supreme Court, the Big 12 Conference, my freeloading chickens, and the D.C. Circuit, among others. This week seems as good as any to check in on how everyone is doing. First, I resolved to write something for the Wall Street Journal. Alas, […]

​D.C. Circuit Review – Reviewed: “Heady Days”

by Aaron Nielson — Saturday, July 16, 2016@Aaron_L_Nielson

To be sure, I don’t really know what life was like in the 1970s; I wasn’t even born. Even so, I’m sure it was dreadful. After all, as I read my history books, all I see are ugly clothes, disco, impeachment, killer rabbits, long lines for gas, plus something about a “malaise.” Poor souls: The only […]

D.C. Circuit Review – Reviewed: The Mystery of Coburn v. Murphy

by Aaron Nielson — Saturday, July 9, 2016@Aaron_L_Nielson

Warning! This post may only be of interest to me. But there is a mystery this week in the D.C. Circuit: What happened in Coburn v. Murphy? In Coburn, the D.C. Circuit included an intriguing footnote: “Judge Henderson was drawn to replace Chief Judge Garland, who originally heard argument in this case but did not […]

​D.C. Circuit Review – Reviewed: Why does the Supreme Court’s Term End in June?

by Aaron Nielson — Sunday, July 3, 2016@Aaron_L_Nielson

June has come to an end, the Justices have dispersed, and once more, in the words of a young John Roberts, “the Constitution is safe for the summer.” Every year, the Supreme Court rushes to finish up its work before the Fourth of July. And then the Justices are off to Austria, Malta, Arkansas, Italy, […]

​D.C. Circuit Review – Reviewed: A Flamingo in the Shadows

by Aaron Nielson — Saturday, June 25, 2016@Aaron_L_Nielson

As Will Baude reminds us, courts often do important things that don’t receive enough attention. Baude dubbed this dynamic the “shadow docket” in the context of the Supreme Court, but there is no reason why his insight is limited to the Justices. Courts everywhere make decisions that are significant but yet don’t end up in […]