A caption this week caught my attention: Sierra Club v. EPA. The reason is not because it is an unusual caption. Just the opposite. Since I started D.C. Circuit Review – Reviewed in August 2015, I’ve seen six published cases with that same name, including this week’s.* That realization got me thinking: In the history […]
The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. Its docket is odd. There are some criminal appeals (as you’ll see from […]
Time is funny. I clerked on the D.C. Circuit ten years ago. A decade is a long time — but it sure doesn’t feel like it. From my clerkship days, I remember the judges. I remember the cases. In fact, I even remember some of the oral arguments. Yet I can’t escape reality: The 2019 […]
I wish Archie Harrison Mountbatten-Windsor a long and happy life. But I don’t want to hear about it. Over 60 million people live in the United Kingdom. I know a fraction of a fraction of a single percent of them. Yet for some reason, Americans know a great deal about young Mr. Mountbatten-Windsor. And by […]
The D.C. Circuit gets more than its fair share of regulatory cases. But it does not have a monopoly on them. As regular Notice & Comment readers know, the Ninth Circuit also has a sizable “admin law” docket. The same can be said of the Fifth Circuit. And then-Judge Gorsuch decided a number of important […]
Each week, I try to come up with some theme to tie the Court’s cases together. But what to do when I’m traveling?* Here’s a solution — a Get Out of Jail Free card! I can’t play this card often. But this week? I’m going to play it. * * * One thing I enjoy […]
The D.C. Circuit issued an opinion this week about legislative prayer. This prompts a question: Should I blog about it? I think the opinion is well written. I also think the subject is important. Yet the opinion hardly seems related to administrative law — and this blog is hosted by the Yale Journal on Regulation […]
At first blush, it may look like we had a busy week in the D.C. Circuit: But not really. Four of our entries are about amending prior opinions — and the amendments are not earth-shattering. In Reid v. Hurwitz, Judge Katsas clarified: “Reid was convicted of robbing a convenience store at gunpoint.” And in National […]
Sorry, another week of traveling! The big news this week in the D.C. Circuit involves the Bump-Stock Rule — which has been to the Supreme Court this week too. The D.C. Circuit issued its opinion in Guedes v. ATF on Monday (which is unusual). Given that almost an entire week has gone by, you probably […]
Unfortunately, this will be a very quick post — I’m traveling today … in the snow. I love hate snow. It’s awful to wake up in the morning and see the world covered in it. Look, perhaps I wouldn’t hate snow so much if it only happened every once in a while. But it is […]
Today was a big day for the Yale Journal on Regulation. The Journal hosted a conference on “Regulatory Change & the Trump Administrative State.” I was able to participate on the “Changes in Administrative Law in the Courts” panel. Because the D.C. Circuit was quiet this week,* this post will address some of my remarks. […]
Apologies; this is a quick post. I’m traveling. Neomi Rao has now been confirmed. That event prompted a thought: How is Judge Katsas doing? Katsas, of course, was confirmed at the tail end of 2017. His experience may give Judge Rao a hint about what is in store. With that question in mind, my research […]
This week, Chief Judge Garland did something unusual, at least for him. He seasoned one of his decisions with a pop culture reference. I suspect he has done it before. (I’m certain he has if one counts Lewis Carroll as pop culture, though I suspect most folks do not.) But I can’t remember any off […]
No one likes being rejected. Many years ago, during my 1L summer, I was introduced to a partner at a law firm. For fluky reasons, we had time for a long conversation. At the end of it, this partner — sua sponte, I stress — gave me his card and said something like this: “During […]
It has been another quiet week in the D.C. Circuit — just one published opinion.* So what to write about? Well, here is something. The Court is looking for a court crier: What an interesting job. Very cool. Even so, that job posting is probably not enough to justify five minutes of your time (this […]