Author: JurisPage

Judges

A little-noticed recent article by new D.C. Circuit judge Brown Jackson

Today, Ketanji Brown Jackson was confirmed as a judge on the D.C. Circuit by the U.S. Senate.  You probably know that Judge Brown Jackson sat …

Read More →
Oral Argument

“That answer is not acceptable in this court ever.”

Recently, during an oral argument in the D.C. Circuit, counsel (who shall remain nameless) attempted to do what appellate practitioners call “fighting the hypo.”  Chief …

Read More →
Administrative law

Can an agency make a decision nonfinal by calling compliance voluntary?

Not if voluntary really means mandatory, said the D.C. Circuit this week.  No. 19-1248, Spirit Airlines, Inc. v. U.S. Dep’t of Transp. (May 21, 2021). …

Read More →
Statutory interpretation

“We must give effect to the specific over the general”

If you’re a litigator, you’ve probably invoked the specific-controls-the-general canon at one time or another.  Whether you’ve prevailed with that argument is another question; it …

Read More →
Court

D.C. Circuit puts Garamond font on the naughty list

Without formally banning it, the D.C. Circuit has announced that wise lawyers will forgo using Garamond font: Federal Rule of Appellate Procedure 32(a)(5) requires courts …

Read More →
Court

D.C. Circuit divides again on finality of orders dismissing complaints without prejudice

If a district court dismisses a complaint in its entirety and closes the case, is the order final and appealable?  Not necessarily, a panel of …

Read More →
Administrative law

D.C. Circuit rejects hospitals’ challenge to Trump Administration rule

As readers will recall, a broad collection of hospitals, led by the American Hospital Association, challenged the Trump Administration’s interpretation of the Affordable Care Act’s …

Read More →
Judges

Judge Walker on non-delegation, Chevron deference, and writing that first draft

The newest D.C. Circuit judge, Justin Walker, has received considerable attention in the press for his relative youth (he was born in 1982).  Less noticed …

Read More →
Appellate procedure

Evading Creatively accommodating the D.C. Circuit’s word limits

Well, this is a new one—to us at least.  Four years ago, the Federal Rules of Appellate procedure lowered the number of words allowed in …

Read More →
Court history

The D.C. Circuit as a local court?

The D.C. Circuit is known as the Nation’s second-most powerful court largely because it often reviews decisions of the federal government.  But that was not …

Read More →