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Category: Administrative law
Panel critical of attack on Trump Administration’s interpretation of the Affordable Care Act
In recent weeks, the press has focused heavily on how a possible Justice Amy Coney Barrett may view the Trump Administration’s pending challenge to the ...
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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 ...
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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). ...
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“Breeding closely related iguanas is not a good idea”
So held a panel of the D.C. Circuit on Friday. Well, to be precise, the panel held that this intriguing determination of the U.S. Fish and ...
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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A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of ...
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D.C. Circuit throws shade on legislative history and Chevron
Are you a litigator looking for a federal case that (a) rejects legislative history, or (b) frowns on applying Chevron deference in the face of ...
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