Tomorrow is the first day of the D.C. Circuit’s new term. And today is the first day of Version 2.0 of D.C. Circuit Review – Reviewed, your weekly source of information on the nation’s “second most important court.” Between 2015 and 2020, I closely tracked the D.C. Circuit’s cases.* Over time, I learned the patterns; […]
Last year, I wrote a post called “More Chevron Waiver.” My point was that although the D.C. Circuit has held that “an agency’s lawyers cannot forfeit the applicability of Chevron deference unless the underlying agency action fails to manifests its engagement in the kind of interpretive exercise to which review under Chevron generally applies,” the Supreme Court (per Justice Breyer) in County of Maui […]
This week, the D.C. Circuit issued an en banc order: If you are interested in what this case is about, here is how the panel decision begins: The concurring opinion by Judges Tatel and Ginsburg, in turn, says: Interesting. Because the subject has been on my mind, however, I want to focus on the appointment […]
A couple of weeks back, I noted the speculation that President Biden would nominate Judge Ketanji Brown Jackson to the D.C. Circuit. Now, the nomination is official. Congratulations, Judge Jackson! For this post, I decided to do a quick search of Judge Jackson’s involvement with the D.C. Circuit. Using Westlaw,* I found 38 cases, including […]
The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]
For the first time in more than two decades, former Chief Judge Merrick Garland is no longer a judge of the D.C. Circuit. Judge Garland, of course, was a formidable judge — smart, talented, witty, dutiful, collegial, and a mentor to his scores of clerks. And to top it off, he is quick to show […]
I wasn’t planning on writing a post today. But wow — what an unusual day in the D.C. Circuit.* Let’s start with United States v. Scurry (also known as “E”). Here is how the per curiam (Judges Millett, Pillard, and Katsas) begins: I’ve never seen that before. It gets more interesting, though. Eric Scurry’s counsel […]
The most important news this week in the world of law is that someone is leaking information about internal Supreme Court deliberations: This is a bad development. Leaks can destroy collegiality — collegiality that takes a great deal effort to build and which facilitates intellectual engagement. Leaks also can lead to self-censorship; if the justices […]
I wrote a post every week about the D.C. Circuit from August 2015 to August 2020.* Then I stopped. Life is busy. But I still read the D.C. Circuit’s opinions. And today seems like a good day for a quick post. After all, today’s opinion is all about deference — which is what I’ve been […]
“I’m from the Government, and I’m here to help.” * Why did that iconic quote from President Reagan come to my mind this week? Because of Ghostbusters. Let me explain. The number of things to do is limited in this age of Covid-19. It’s hot outside; sports have been on hiatus; travel has slowed to […]
The Supreme Court reverses every circuit from time to time. It comes with the territory. Why do I mention it? Because the Supreme Court this week repeatedly disagreed with the D.C. Circuit’s procedural decisions regarding executions. The Supreme Court — in a series of late night, divided orders — vacated stays from the DDC. But […]
Note: This will be a quick post.* I like to come up with creative themes for D.C. Circuit Review — Reviewed. For the last two weeks, however, I’ve failed miserably: A Bad Week for the DDC and A Bad Week for the D.C. Circuit. Unfortunately, this week’s theme is even worse. For you see, I’ll […]
Last week was a bad one for the DDC. Well, this week was a bad one for the D.C. Circuit. In Seila Law v. CFPB, the Supreme Court rejected the en banc D.C. Circuit’s decision in PHH Corp. v. CFPB. Familiarity with PHH Corp. and Seila Law will be assumed for this week’s post. (If […]
It is often said that the D.C. Circuit is the nation’s second most important court — a topic I’ve addressed before. But if so (and it is very debatable), what does that make the United States District Court for the District of Columbia? Is the “DDC,” by operation of the transitive property, somehow the most […]
After yesterday’s decision at the Supreme Court, it seems everyone is talking about administrative law. Well, everyone but the D.C. Circuit. Today the D.C. Circuit issued five decisions and not one of them has much to do with administrative law. The closest, I guess, is a case about foreign sovereign immunity — and that isn’t […]