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 […]

I begin this week’s post with a public service announcement: law students (and, increasingly, law graduates), if you want to clerk on the D.C. Circuit, you need to read more than just Reading Law, Federal Jurisdiction, and administrative law guides and treatises. One of the most common questions a judge will ask in an interview […]

The D.C. Circuit’s theme today was, of all things, the Bible. Start with Settling Devotional Claimants v. CRB. The case concerns whether the (now constitutional) Copyright Royalty Board correctly divvied up a pool of royalties among “religious ministries that own copyrights for devotional television programming.” Certain “Devotional Claimants” argued, among other things, that “the Royalty […]

So I am the newest contributor to this blog. I teach administrative law and federal courts at Brigham Young University. I plan on blogging about D.C. Circuit administrative law decisions in a regular feature dubbed D.C. Circuit Review – Reviewed. The feature will begin later this month. Today, however, merits a special post. Friday morning […]