Tag Archives: Judge Easterbrook

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

by Aaron Nielson — Saturday, Oct. 10, 2015@Aaron_L_Nielson

Judge Frank Easterbrook is an extraordinary jurist. He’s prolific; influential*; and scholarly. He also wields a sharp pen (e.g., “This case pits the twenty-first amendment, which appears in the Constitution, against the ‘dormant commerce clause,’ which does not.”). Even if you disagree with him, he always has interesting things to say. And that includes his […]

Judge Easterbrook Identifies Vehicle for Supreme Court to Reconsider Auer Deference

by Chris Walker — Monday, Oct. 5, 2015@chris_j_walker

Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc.(7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude)  As I’ve blogged about here, a number of Justices […]