Last week, a sequel led the box office at 333 Constitution Ave., NW. With a script by Judge Millett, it featured the FCC, a star of administrative law opinions at the D.C. Circuit. While Northstar Wireless, LLC v. FCC did not break new ground, those looking for the comfort of the familiar will find something […]
As was the case last week, decisions are starting to flow at the pace you might expect for a court trying to wrap up (most of) its cases by end of summer. The D.C. Circuit handed down 5 decisions this week, which as a group illustrate how hard it can be to overturn agency action. […]
Our team of commentators at D.C. Circuit Review – Reviewed have repeatedly warned our readers that the comparative quiet of the last few weeks on the D.C. Circuit would not last for long. This week proves the point. Although the week started slowly with the release of a single opinion on Tuesday, on Friday the […]
Nasdaq may have broken a seven-week losing streak on Wall Street, but its losses continued at Constitution Avenue. More on that in a moment, but first a quick look at non-opinion news because this week has been an eventful one at the D.C. Circuit. On Monday, the Supreme Court unanimously vindicated the D.C. Circuit, which […]
It’s great that D.C. Circuit Review – Reviewed is now a team effort. One downside, though, is that I don’t blog every week. This means that when lots of things are happening, ideas start to accumulate. Well, it is my turn to write, so here are 13 thoughts on the D.C. Circuit. 1. We all […]
The D.C. Circuit does not seem to be listening to our predictions for a busy May. Although it has broken its silence this week, the Court issued only two, fairly short opinions. But luckily for us, they both touch on administrative law. First, in CSL Plasma Inc. v. U.S. Customs and Border Protection, blood plasma […]
Last week, and for the second week in a row, the D.C. Circuit issued no opinions. We’re still expecting a busy May here at D.C. Circuit Review – Reviewed, so stay tuned. Still, there’s something to say about several cases argued last week. The oral argument in K.O. v. Sessions showed the skepticism with which […]
Somewhat surprisingly for the last week in April, the D.C. Circuit issued no opinions this week. April usually sees the numbers of decisions ramp up as the court moves into the last month of argument (May) and towards the goal of wrapping up the term’s cases over the summer. Only 7 decisions were handed down […]
The D.C. Circuit issued four opinions this week. Three were in its wheelhouse of agency or public law litigation. One was atypical: a purely commercial dispute. Just for the novelty of it, let’s start with the outlier. Reinsurance disputes are not the standard fare of the D.C. Circuit, and the Court had to wrestle with […]
The Court issued only one opinion last week, but fortunately for readers of this blog, it involves administrative law. It also provides an enlightening grammar lesson for any reader who, like me, learned most of her grammar in a foreign language class. Gentiva Health Services, Inc. v. Becerra involved a challenge to CMS’s methodology for […]
Only a single decision out of the D.C. Circuit this week, and no administrative law to be found. But it does feature a win for my co-contributor Haley Proctor, who was on the brief representing Cuban physicians in Rodriguez v. Pan American Health Organization. The physicians sued the Pan American Health Organization (PAHO) for its […]
“So, you’re a rocket scientist?” That question, put by investment banker Jared Cohen to Peter Sullivan, an associate who has figured out that the bank they both work for is dangling on the precipice of collapse, is among the most memorable from the 2011 film Margin Call. Sullivan’s response? “I was, yeah,” but “the money […]
If you’re here to read about admin law, you may be disappointed. Only one decision from the D.C. Circuit this week, about public court records, and it remands the case without deciding any of the issues presented. But along the way it reinforces a fundamental principle in our court system: the right of public access […]
In a week when our attention was focused on the atrocity of Putin’s invasion of Ukraine, the D.C. Circuit handed down an opinion that hearkens back to Hitler’s effort to destroy Europe. In the consolidated case of David De Csepel v. Republic of Hungary (20-7047) and In re: Republic of Hungary (20-8001), Judges Tatel and […]
The Court issued three decisions touching on administrative law this week.* There is no obvious theme uniting the three, which cover much of the waterfront of executive regulatory authority, from labor relations, to energy, to public health and immigration. Two decisions resolve petitions for review of final agency action, and the third, an interlocutory appeal […]