In mid-July, a divided Ninth Circuit panel rendered the Federal Vacancies Reform Act (FVRA) a “near dead letter,” to quote from Judge Morgan Christen’s dissent. Before we get to the majority’s decision, let’s start with the backstory. The Constitution, of course, requires high-level officers to be appointed by the President with the “advice and consent” […]
Pacific Legal Foundation and the Georgetown Journal of Law & Public Policy seek papers for a symposium titled “The Future of Agency Adjudication after SEC v. Jarkesy” to be held in Washington, DC in winter 2025. Details from the announcement are excerpted below.
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before (arguably) the “second most important court in the land.” Let’s get straight to business. FCIC Reaps Kisor Deference Congress created the Federal Crop Insurance Corporation “to improv[e] the economic stability of agriculture.” The FCIC carries out this mandate by offering reinsurance to […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” After a three-year hiatus, we’re back! Let’s get straight to business. Each of the following statements is from a different opinion by Judge Lawrence VanDyke in the same controversy: Over the last 10 […]