Tag Archives: D.C. Circuit

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. FEC […]

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, […]

D.C. Circuit Review – Reviewed: The Baron Montesquieu

by Aaron Nielson — Sunday, Apr. 10, 2016@Aaron_L_Nielson

Here is an interesting fact: the D.C. Circuit has invoked Charles-Louis de Secondat, baron de La Brède et de Montesquieu—better known as Charles de Montesquieu, the Baron Montesquieu, “ the celebrated Montesquieu,” or just Montesquieu—on at least nine separate occasions. Included in this list are some notable cases: Nixon v. Sirica, Buckley v. Valeo, and […]