Law clerks, of course, vow to keep confidential “any information [they] receive through [their] clerkship that is not part of the public record.” Even so, this announcement should be safe: D.C. Circuit law clerks are terrible at basketball. Each year, the D.C. Circuit clerks play a game of basketball against the Supreme Court clerks. In my […]

What a strange world we administrative lawyers call home. Ours is a land where elephants hide in mouseholes, wolves sometimes wear clothes, and some even say that “Article III judges — like jackals stealing the lion’s kill — expropriate some of the power that Congress has wrested from the unitary Executive.” We talk of “Black […]

This week was a quiet one at the D.C. Circuit — just two cases, neither of which involves “admin law.”* The Thanksgiving holiday undoubtedly played a role. Thanksgiving, however, prompts a thought. With all the talk of Black Friday, my mind turned to one of the most important days in the history of administrative law: […]

Pluto is a dog; Goofy is a dog. Pluto scampers about in the buff with only a slobbery femur to chew on; Goofy wears comfortable clothes and manages a moderately expensive restaurant. This, of course, is not a novel observation about “cartoon doghood,” but it does illustrate a principle: not all dogs are created equal. […]

Who doesn’t love a great headline? Years will go by without so much as a single thought about Elvis Costello crossing my mind, but yet when I read a headline like “When Elvis Costello Was Cruel,” I click. Funny headlines are great too: “Big Rig Carrying Fruit Crashes on 210 Freeway, Creates Jam.” And some […]

The D.C. Circuit issued two opinions this week. The first — American Institute of Certified Public Accounts v. IRS — is a typical administrative law case. By contrast, the second — United States v. Ortega-Hernandez — seems like anything but an administrative law case; it is a criminal appeal involving a guilty plea. But pause […]

“Each of the federal circuit courts of appeals has its own unique character,” John G. Roberts, Jr., once observed, shortly before he became the nation’s Chief Justice. “For example, I am sure you are familiar with the tradition in the Court of Appeals for the Fourth Circuit, where at the end of oral argument the […]

Once again, there was not a lot of action at the D.C. Circuit this week, at least in terms of opinions, as no new ones were released. Like the Supreme Court, the D.C. Circuit (generally) stops hearing cases before the summer. Then in the fall it starts again. So soon, the court will start issuing […]

Judge Frank Easterbrook is an extraordinary jurist. He’s prolific; influential*; and scholarly. He also wields a sharp pen (e.g., “This case pits the twenty-first amendment, which appears in the Constitution, against the ‘dormant commerce clause,’ which does not.”). Even if you disagree with him, he always has interesting things to say. And that includes his […]

I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with […]

The D.C. Circuit issued no opinions this week. Instead, it got rid of one. In particular, the court vacated its (latest) judgment in the long-running Al Bahlul v. United States saga and set the case for (another round) of en banc consideration. The court’s vacatur order provides a good opportunity to discuss Chief Justice Roberts and […]

The late, great Warren Zevon penned a lot of extraordinary songs. His most famous, of course, is Werewolves of London.* My favorite is Mohammed’s Radio (trust me, it stays in your head), though Frank and Jesse James and Mama Couldn’t Be Persuaded are also striking. Mutineer too is great, though I prefer this cover. I mention Warren […]

D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court.” Think Relist Watch, but for D.C. Circuit opinions. In just five minutes a week, you too can follow this court. Alas, the D.C. Circuit did not issue any opinions this week. So, this week only, feel […]

Conventional wisdom proclaims the D.C. Circuit to be “the second most important court.” (Sometimes it’s even called “the second most powerful court.”) The Washington Post says it; the New York Times says it; even media outlets halfway around the world say it. But is it true? There is a good argument that the California Supreme […]

Why does the Supreme Court forbid cameras in the courtroom? It isn’t because courtroom sketches are flattering. Instead, the Justices fear that cameras will change the dynamic of the Court. And why do law clerks have a duty of confidentiality? The reason is similar. Whatever you think of these policies, you can at least appreciate […]