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Author: JurisPage
Don’t lean too hard on jurisdictional truisms
Two recent decisions of the D.C. Circuit provide reminders that even jurisdictional truisms are not absolute. Truism #1: If Congress says something is jurisdictional, it’s ...
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Katsas v. Randolph on jurisdictional order of operations
Not long ago, two D.C. Circuit decisions reminded us not to lean too hard on jurisdictional truisms (e.g., “jurisdiction can’t be waived”), which, though seemingly ...
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Can an agency un-moot a case by announcing a new rulemaking?
A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of ...
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Biden nominates South Carolina District Judge to replace Tatel
You may have missed it in the holiday bustle, but on December 23 President Biden announced his nominee to replace D.C. Circuit Judge David Tatel, ...
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D.C. Circuit returns to remote arguments
Less than a month after returning to in-person oral arguments, the D.C. Circuit has reverted to Zoom. On December 30, the Court announced that thanks ...
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D.C. Circuit continues its war on acronyms
Last week, the D.C. Circuit revived the claims of victims of terrorist attacks in Iraq against U.S. drug companies and their foreign suppliers, who allegedly ...
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Can defendants waive a cause of action into existence?
No, but in the most bananas case we’ve seen in a long time, the appellees tried to do just that. The weirdness starts with the ...
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The limits of the “Congress knows how to say” canon
In cases involving statutory construction, someone often will say, “if Congress had wanted to say X it would have been easy enough to say X.” ...
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The D.C. Circuit’s (exceedingly low) view of unpublished opinions
A decision today involving Nigeria reveals the D.C. Circuit’s view of on-point unpublished opinions. Process and Indus. Dev. Ltd. v. Fed. Republic of Nigeria (No. ...
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