Tag Archives: D.C. Circuit

Brett Kavanaugh and the Case of the Brazilian Gauchos

by Michael Kagan — Tuesday, July 24, 2018@MichaelGKagan

Because he sat on the D.C. Circuit, Supreme Court nominee Brett Kavanaugh did not decide many immigration cases. There are no immigration courts in the District of Columbia. As a result, petitions for review of orders of removal — the most common type of immigration appeal in the federal courts — do not reach his […]

The Constitutionality of the CFPB Again Before the Courts

by Jennifer Mascott — Monday, June 25, 2018@jennmascott

Amidst the flurry of administrative–law–related opinions that the Supreme Court handed down at the end of last week, an intriguing separation-of-powers-related opinion from the Southern District of New York (SDNY) received comparatively little immediate attention. Last Thursday, Judge Loretta Preska ruled that the Consumer Finance Protection Bureau (CFPB) cannot bring an enforcement action in district […]

Appointments Clause Symposium on Lucia v. SEC: Are SEC ALJs “Officers of the United States”?

by Jennifer Mascott — Monday, Apr. 2, 2018@jennmascott

Starting today, for the next two weeks the Notice & Comment blog will run a symposium addressing the Supreme Court’s upcoming consideration of the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On Monday, April 23, the Supreme Court will hear oral argument in Lucia v. SEC, which raises […]

Missing History in the Court-Appointed Amicus Brief in Lucia v. SEC

by Jennifer Mascott — Wednesday, Mar. 28, 2018@jennmascott

This week the amicus appointed to advocate for the lower-court judgment in Lucia v. SEC filed his brief. The case addresses whether administrative law judges in the SEC are Article II “Officers of the United States” subject to the Constitution’s Appointments Clause requirements. U.S. Const. art. II, § 2. Court-appointed amicus, Mr. Metlitsky, technically supports […]

Upcoming Symposium, 4/2-4/13: The Supreme Court’s Consideration of Whether SEC ALJs are “Officers” Subject to Appointments Clause Requirements (Lucia v. SEC)

by Jennifer Mascott — Monday, Mar. 26, 2018@jennmascott

Regular readers of this blog may have been following along with us here at “Notice and Comment” as we have reported on the twists and turns of litigation challenging the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On April 23, the litigation’s fascinating path will culminate in Supreme […]

Revisiting the Record on Removal

by Jennifer Mascott — Monday, Mar. 5, 2018@jennmascott

In April, the Supreme Court will hear oral argument in Lucia v. SEC to consider whether administrative law judges (ALJs) in the Securities and Exchange Commission (SEC) are “Officers of the United States.” If they are, the ALJs are subject to the Appointments Clause, requiring them to be appointed by the President, a department head, […]

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 amazing week. At the same time, my son is a huge fan of Shaun […]

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 […]