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Category: Jurisdiction
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). …
D.C. Circuit issues (unintentionally?) dueling rulings on whether the finality of agency actions is jurisdictional
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 …
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A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of …
Supreme Court sides with D.C. Circuit on arbitration waivers
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. …
D.C. Circuit takes up Equal Rights Amendment
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 …
The D.C. Circuit’s jurisdictional trap in agency appeals
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 …
