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 […]

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 […]

Apologies — this post was written on the run; traveling today. As regular readers know, Chenery — both I and II — is a big deal in the D.C. Circuit. When I was clerking, I remember an oral argument in which Judge Garland asked counsel something like, “Well, wouldn’t that present a Chenery issue?,” spoken […]