Tag Archives: D.C. Circuit

Register to Attend a Discussion of “The Year Ahead: Regulation in the Supreme Court and the Circuits”

by Jennifer Mascott — Tuesday, Sept. 12, 2017@jennmascott

On Friday, September 29, the Hoover Institution and the Antonin Scalia Law School’s Center for the Study of the Administrative State will host a lunchtime panel discussion on circuit court and Supreme Court litigation in the coming Term that may impact the landscape of administrative law.  With the advent of Justice Gorsuch to the Supreme […]

The D.C. Circuit Boots Another ACA Lawsuit

by Nicholas Bagley — Monday, July 4, 2016

Last Friday, the D.C. Circuit rejected West Virginia’s challenge to the so-called “like it, keep it” fix, which told the states that they could temporarily decline to enforce the ACA’s new insurance rules against their insurers. (Background here.) I’m sympathetic to West Virginia’s underlying legal claim. It was unlawful, in my judgment, for the Obama […]

D.C. Circuit Review – Reviewed: Why There Will Never Be Another LeBron James

by Aaron Nielson — Saturday, June 18, 2016@Aaron_L_Nielson

My son is away at camp this week, and that’s probably for the best. It means he has missed the last two NBA Finals games. One of his least favorite players is LeBron James, and LeBron—by any measure—has had a pretty amazingweek. At the same time, my son is a huge fan of Shaun Livingston […]

D.C. Circuit Review – Reviewed: Where are the Economists?

by Aaron Nielson — Wednesday, June 15, 2016@Aaron_L_Nielson

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 […]

D.C. Circuit Review – Reviewed: “Archconservatives”

by Aaron Nielson — Sunday, June 12, 2016@Aaron_L_Nielson

Yesterday, while scanning my Twitter feed, I found myself reading a great article in The Atlantic: “The Senate Finally Passed Chemical Safety Reform.” This article is well worth your time, especially because the legislation is now headed to President Obama for his signature. As I was reading, however, I noticed something: two uses of the […]

D.C. Circuit Review – Reviewed: No Net Neutrality … and the Dangers of “Moreover”

by Aaron Nielson — Saturday, May 28, 2016@Aaron_L_Nielson

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 […]

D.C. Circuit Review – Reviewed: The Honorable Wilson Warlick (1892-1978)

by Aaron Nielson — Friday, May 20, 2016@Aaron_L_Nielson

One night during the summer of 1987, Judge David Sentelle communed with the dead. Sentelle, then of the Western District of North Carolina, was confronted with a tricky Pullman Abstention question. As he struggled with the issue, he asked what the Honorable Wilson Warlick would do. Judge Warlick had been dead for almost a decade. […]

D.C. Circuit Review – Reviewed: The Dissents that Matter Most to Chief Judge Garland, by Aaron Nielson

by Aaron Nielson — Saturday, May 14, 2016@Aaron_L_Nielson

This week, Chief Judge Garland sent his questionnaire to the Senate. As I reviewed that “lengthy” submission, my mind turned again to “brooding spirts .” In particular, it is interesting that Garland’s list of his “most significant” opinions includes two dissents. To begin, here is Garland’s list: Cause of Action v. FTC (2015) Wagner v. […]

What Makes This Agency Different From All Other Agencies?, by Daniel Hemel

by Daniel Hemel — Saturday, Apr. 30, 2016

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 […]

D.C. Circuit Review – Reviewed: Skiing, Snowboarding, and State Action

by Aaron Nielson — Saturday, Apr. 23, 2016@Aaron_L_Nielson

Is there a constitutional right to snowboard? Before answering, know that Utah takes its snow very seriously—as it should. Few places have even a credible claim to “the greatest snow on Earth.” Utah is one of them (as is Hokkaido Island in Japan). But should that snow be used for skiing, snowboarding, or both? Again, […]