This will be a quick post; I’m traveling and the wifi on my plane is about to end. Today I participated in a Summit on Modernizing the Administrative Procedure Act at the U.S. Department of Justice. I spoke on a panel about Lessons from the Life of Administrative Law. As I prepared to speak, I […]
Justice Kavanaugh got folks chatting this week about nondelegation. In particular, although the Supreme Court denied rehearing in Gundy v. United States, Kavanaugh issued a short statement suggesting that he may be open to joining Justice Gorsuch’s effort to reinvigorate the nondelegation doctrine.* Given the holiday, however, you may have missed this week’s other nondelegation case. In Doe #1 v. Trump, the District of Oregon concluded that the “Presidential Proclamation […]
Sometimes the D.C. Circuit throws softballs to the commentariat. When Chief Judge Garland opened an opinion by referencing “Vincent Gambini,” it was obvious what I’d write about. When Judge Millett built an opinion around ingrates in the rodent community, my weekly post wrote itself. Ditto when Judge Randolph and Judge Srinivasan battled each other with literary references. This was just […]
I’m traveling. So today will be a cheat day. As promised,* today I moderated a panel of circuit judges. It was interesting. I learned that (perhaps atypically for a D.C. Circuit judge) Judge Randolph isn’t a fan of Chevron; the D.C. Circuit applies Chevron deference to contracts while the Fifth Circuit does not; and the Ninth Circuit decides many more administrative law cases than any circuit. […]
Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]
It is hard to not be intrigued by a writ of mandamus — one of “‘the most potent weapons in the judicial arsenal,’” and “a ‘drastic and extraordinary remedy reserved for really extraordinary causes.’” It is no small thing for a court, in the middle of proceedings, to order someone “to properly fulfill their official […]
This will be a quick post; I am traveling.* Today the Supreme Court granted certiorari in an important administrative law case — out of the Ninth Circuit: Why am I writing a post about the Ninth Circuit? Isn’t that what Ninth Circuit Review — Reviewed is for? Because this isn’t really a Ninth Circuit case […]
Today was a first. I’ve been reading D.C. Circuit opinions every week for more than four years. And today, for the first time, at least for me, the Court’s servers were not able to keep up with demand.* It seems that Trump v. Mazars USA, LLP — which perhaps really should be called Committee on […]
President Trump today issued two new executive orders on administrative law: The “Promoting the Rule of Law Through Improved Agency Guidance Documents” E.O. and the “Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication” E.O. Here is a snippet from the White House’s fact sheet: There is a lot in these […]
If you follow the D.C. Circuit, you have probably already read the Court’s (latest) “net neutrality” decision, or at least heard about it. When big cases come along, my goal is to come up with something new to say. That often isn’t easy to do. But I try. For instance, after the D.C. Circuit’s 2016 […]
The D.C. Circuit didn’t decide any cases this week, plus I’m traveling, so this will be a quick post. There is a lot of big talk here at Notice & Comment about which federal appellate court is the nation’s true “Admin Law” court. Is it the Ninth Circuit? What about the Federal Circuit? Or is […]
A few months back I “wonder[ed] what Judges Randolph and Henderson (the panel majority in Kiyemba) think of today’s decision [in Qassim v. Trump].” We now know the answer, at least for Judge Henderson: She disapproves. Let’s back up. Qassim is about whether procedural due process applies to detainees held at Guantanamo Bay. The D.C. Circuit arguably resolved this question ten […]
This will be a quick post. Last week’s theme, you see, was vacation — in the sense of vacatur. This week’s theme is vacation — in the sense of enjoyable travel. Why? Because today I found myself in Washington, D.C. for two separate D.C. Circuit-related investitures. To begin, Chris Landau* took the oath to serve […]
Section 706(2)(A) of the Administrative Procedure Act states as follows: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall … (2) hold unlawful […]
The D.C. Circuit is a collegial-ish court. The judges try to play nice, even when deciding hard cases.* And most of them they pull it off. Consider Alon Refining Krotz Springs, Inc. v. EPA. This is a long, complicated opinion penned by a per curiam panel of Judges Pillard and Katsas. It even has a […]