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Category: Jurisdiction
Can an agency make a decision nonfinal by calling compliance voluntary?
May 24, 2021 No Comments
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 → D.C. Circuit issues (unintentionally?) dueling rulings on whether the finality of agency actions is jurisdictional
August 10, 2021 No Comments
It’s common for the D.C. Circuit to say that the finality of agency action is not jurisdictional. For example, it did so just last month—and ...
Read More → Can an agency un-moot a case by announcing a new rulemaking?
November 18, 2021 No Comments
A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of ...
Read More → Supreme Court sides with D.C. Circuit on arbitration waivers
July 5, 2022 No Comments
In case you missed it, before its recent Term ended, the Supreme Court sided with the D.C. Circuit in an important case about arbitration clauses. ...
Read More → D.C. Circuit takes up Equal Rights Amendment
February 28, 2023 No Comments
Was the Constitution amended? Roughly speaking, that’s the question the D.C. Circuit confronted today, in a case involving the Equal Rights Amendment or ERA. Believing ...
Read More → The D.C. Circuit’s jurisdictional trap in agency appeals
August 24, 2023 No Comments
If you ever challenge federal agency actions, you’ll want to note a decision of the D.C. Circuit published last week. Everybody knows that, in federal ...
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