It’s no secret that today’s Supreme Court is not a fan of Humphrey’s Executor. Especially read together, Free Enterprise Fund, Seila Law, and Collins strongly hint that the Court’s support for Humphrey’s Executor rests on stare decisis alone. Indeed, Seila Law construes Humphrey’s Executor‘s holding so narrowly that — at least if Seila Law is […]
When we restarted D.C. Circuit Review–Reviewed in 2021, Aimee Brown — a younger lawyer with lots of smarts and gumption — was a key part of our team. Last year, Aimee left the group to move into government service. I’m pleased to see that she has reemerged. Indeed: Although Aimee has gone on to grander […]
In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Well, it is Christmas again, so why not repost it as I’ve done in the past? Be warned, though: Christmas is not always jolly. Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia (which eventually became […]
The D.C. Circuit issued no published opinions this week.* Accordingly, this seems like a fine time to check in on an old friend: the Shadowy Flamingo. In 2016, I wrote a post about the Court’s new practice of providing free access to unpublished judgments. The most interesting case I found using that feature was Flamingo […]
BYU Law has started a new antitrust project. As part of this project, we’re hosting a series of webinars and conferences. Our first conference — about Tech Platforms — and will be on Friday, October 21, 2022 at The Westin Washington, D.C. City Center. Here is the agenda: Click here to register. It should be […]
Judge Laurence Silberman of the D.C. Circuit has passed away. As I’ve reflected on the life of this remarkable judge, the word that has kept coming into my mind is “intimidating.” That isn’t the sort of word that often makes into a remembrance but I can’t think of a better one. I’ve met lots of […]
The Senate last week confirmed Judge Florence Pan to the D.C. Circuit. But the D.C. Circuit does not yet list her on its roster of judges: Presumably she is awaiting her commission.* But soon she will join the Court. And this is a good time to do so. The Court has just started hearing oral […]
As I noted a few months ago, BYU Law is hosting a series of free webinars on antitrust and tech-related regulatory issues. Our next webinar will be on Tuesday, September 27 at 10 am EST, and will address the rulemaking authority of the Federal Trade Commission. Registration is not required so please join us. Here […]
Daniel Fisher at Legal Newsline has authored a fascinating story about ongoing litigation between the FTC and Walmart that presents weighty constitutional questions about the FTC’s litigation authority after Seila Law v. CFPB. Here’s how Fisher’s story begins: Days after the Federal Trade Commission accused Walmart of helping scam artists defraud customers by using its […]
The D.C. Circuit was busy this week — really busy: This creates a problem for a blog series like this one that attempts to tie together opinions based on themes. Of course, I could play the * game.* Or I could come up with a theme that is so general that it serves no function […]
It was a busy week in the D.C. Circuit.* The Court decided 10 cases — some of which are quite substantial. Because there are so many opinions this week, I’ll set aside the cases (Bernier v. Allen and United Mine Workers v. Energy West Mining Co.) that don’t involve administrative law. I’ll also ignore In […]
BYU Law will host a series of free webinars on antitrust and tech-related regulatory issues. The first one will be next Tuesday, June 28, at noon eastern. Here is the registration link: https://byu.az1.qualtrics.com/jfe/form/SV_0H63Iu7BIoIsHpc It should be a lively discussion.
It’s great that D.C. Circuit Review – Reviewed is now a team effort. One downside, though, is that I don’t blog every week. This means that when lots of things are happening, ideas start to accumulate. Well, it is my turn to write, so here are 13 thoughts on the D.C. Circuit. 1. We all […]
As of yesterday, Judge Ketanji Brown Jackson will soon officially be Justice Ketanji Brown Jackson. There will also soon be another vacancy on the D.C. Circuit (and presumably on the ABA Admin Law Council). This is big news that almost certainly will have implications for decades. As the nation reacts to this development, here’s something related to […]
Sorry; this post is quick — I’ve been traveling today and am about to hop on a flight. The big D.C. Circuit news today this week this month this year this presidential term is, of course, this: We have written about Judge Jackson before here at Notice & Comment, including Aimee Brown’s post from earlier […]