Federal circuit courts issue both published and unpublished decisions. I usually focus on the published ones. After all, unpublished opinions “do not carry the same weight in our common law system of precedent.” Yet sometimes unpublished decisions are quite important. As Will Baude has explained in an analogous context, we should also pay attention to […]
Note: The D.C. Circuit had a busy week, but I’m away on family business and only have time to write a quick post.* As regular readers of D.C. Circuit Review — Reviewed know, the saga of Browning-Ferris has been an unusual one. About a year ago, I authored a post entitled “Bye-Bye, Browning-Ferris.” And then […]
Two years ago, I wrote a lengthy post about Christmas in the D.C. Circuit. Last year, I updated it and posted it again. And this year, I will too. In fact, I think I’ll update it every year.* So here, you go — the story of Christmas in the D.C. Circuit. Be warned: Christmas is […]
The D.C. Circuit was quiet this week. It issued just one short opinion about criminal law.* So I’ll take a moment to discuss something I’ve been thinking about lately: agency websites. Yesterday, the Administrative Conference of the United States adopted recommendations relating to “Public Availability of Adjudication Rules.” The recommendations were prepared by an ad […]
This year my family did a crazy thing: We purchased the world’s largest Christmas Tree.* Well, that’s not true — some trees are a bit bigger. Even so, the Nielson Christmas Tree is pretty darn big. To be sure, we didn’t set out to buy Super-Humongous-Giant Tree™. Yet when we arrived at the lot, there […]
We have opinions this week. One is about jurisdiction and agency efforts to postpone a compliance deadline, another is about mootness with a congressional backdrop, and the third is about the Bill of Attainder Clause in the context of “a Russian-based cybersecurity company.” These cases got me thinking about potential student notes. What can I […]
In November 2017, the D.C. Circuit decided a fair number of cases.* Here is a list of the Court’s published opinions: If we go back to November 2016, we see a similar output: November 2015 was a bit more quiet, but still, the Court reached double digits: Why this focus on past years? Because my […]
Breaking news …. Last year, I wrote a post here about Neomi Rao when she was nominated to serve as Administrator of the White House Office of Information and Regulatory Affairs. This is how the White House described her then: Ms. Rao is a professor at the Antonin Scalia Law School at George Mason University, […]
Sorry; another quick post. There were no opinions this week — but there was a notable order. And a cohort of the D.C. Circuit visited the Supreme Court to attend Justice Kavanaugh’s investiture. Per Zoe Tillman, the following judges were in attendance: A few judges are missing from that list, including Judge Griffith. Where was […]
Another quick post — about to hop onto a plane. I’m a fan of the history of the D.C. Circuit — and for that reason, this has been a fun week. Yesterday, I moderated a panel that included Judge Sentelle. As regular readers know, Sentelle has lived an extraordinary life. It was fun to chat […]
I feel like I know the judges on the D.C. Circuit — at least a little bit. After all, I clerked there a decade ago and most of the judges are still hearing cases. I also read a lot of D.C. Circuit opinions, which isn’t a bad way to learn how someone thinks. So even […]
This is a quick post — I’m traveling. Here is a little known fact about Notice & Comment. For a while, we tried to find someone to write a D.C. Circuit Review–Reviewed-style column for the Ninth Circuit, which — like the D.C. Circuit — is also home to a great deal of administrative law. Alas, […]
About ten years ago, I came across a phrase I had never heard before: dog’s breakfast. It was in a dissent penned by Chief Justice Roberts. Here is the passage: When the state courts considered these cases, our precedents did not provide them with “clearly established” law, but instead a dog’s breakfast of divided, conflicting, […]
With all of the Judge Kavanaugh news,* I suspect it has been hard for many folks to get as much work done as normal — including folks on the D.C. Circuit. The Court did not decide any cases. But that doesn’t mean nothing happened in the world of admin law. To the contrary, the Supreme […]
Well. This was not a quiet week in the D.C. Circuit — even though the Court didn’t decide any cases.* But there is a bit of D.C. Circuit news worth noting. The Supreme Court granted certiorari in Azar v. Allina Health Services. And what is the pressing question? Enjoy: Maybe a bit more background is […]