Each week I try to come up with a new theme for the D.C. Circuit’s cases. It can be tricky. Last night, in particular, I worried about what I would write this week. Should I write something about soon-to-be-Justice Neil Gorsuch? Perhaps, but I did that last week. My sleep was thus uneasy; I certainly […]
It’s no secret that the D.C. Circuit is the launching pad for many Supreme Court justices. Indeed, prior to Justice Scalia’s passing, fully half of the Supreme Court came from the D.C. Circuit: Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Ginsburg, and Justice Kagan. (Kagan counts for half; she was nominated to the D.C. […]
Judge Gorsuch does not need me to defend him.* His opinions are well written and speak for themselves. (It is not by accident that the American Bar Association deemed him “well qualified” for the Supreme Court!) But this blog has recently published three posts charging Gorsuch with not “car[ing] about precedent”; exhibiting “remarkable carelessness about […]
Perhaps I’ve mentioned this before, but one of the most surprising things for me when I clerked for the Supreme Court was the fact that there is a party for the clerks every week. Each Thursday evening, the clerks from one of the chambers hosts a “happy hour” — complete with a meal — for […]
This blog is hosted by the Yale Journal on Regulation — so I usually focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you can’t […]
The D.C. Circuit decided three cases — and the NLRB lost in two of them. Throw in the NLRB’s loss last week and it has been a rough stretch for the agency. In ABM Onsite Services – West, Inc. v. NLRB, Judge Griffith — joined by Judges Srinivasan and Millett — addressed whether workers who […]
I don’t know much — or, rather, really anything — about military strategy. And I suspect that is true for a great many judges. Nonetheless, the judiciary often invokes the language of war. Solicitor Generals are addressed as General So-and-So. Judges speak of “soldiering on” and “barrages.” But perhaps my favorite military expression used by […]
Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]
One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]
The D.C. Circuit just granted en banc review in Raymond J. Lucia Companies, Inc. v. SEC. I’ve discussed this case before. In short, the full D.C. Circuit (minus Chief Judge Garland) will decide whether the SEC’s administrative law judges are “employees” or “inferior officers.” If the ALJs are mere employees, then the manner of their […]
It is a busy time for administrative law — just count the number of posts of late. But the D.C. Circuit has been quiet. This week, we have just two cases, and one of them is about cheating on a test. Really. Let’s start with the “cheating” case: Chenari v. George Washington University. Here, Judge […]
Next Friday I will moderate a teleconference on behalf of the ABA Section of Administrative Law & Regulator Practice. The panel will discuss rulemaking in the new administration. It’s free, but you have to RSVP. Here is the relevant information: Friday, February 10, 2017 1:15 pm – 2:15 pm Eastern Time With a new President […]
I have a confession: I don’t really care about this year’s Super Bowl. Atlanta is a lovely place — I’ve been there once — but I have literally no opinion about the Atlanta Falcons. And although I lived in Massachusetts for a time, I prefer not to think about it.* But one thing about the […]
Standing is a big deal. Most agree, for instance, that the law professors suing President Trump about the Emoluments Clause “pretty clearly lack Article III standing.” Likewise, the States, members of Congress, and interest groups seeking to intervene in PHH Corp. v. CFPB no doubt are going to face a fierce challenge to their standing. […]
Eight years ago I was a law clerk for the D.C. Circuit — and I had a great view of the U.S. Capitol. In fact, my view was almost postcard perfect. Further, as you no doubt recall, January 2009 was an eventful time in the city. It does not happen often that a new President […]