A blog on practice in the Nation’s second-most powerful court


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 …

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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 …

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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 …

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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 Affordable Care Act. Fewer have noticed the Administration’s enforcement of the Act against hospitals—specifically, by interpreting the Act’s price-transparency provision to require hospitals to disclose what the Administration believes are more accurate prices for hospital services.

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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 …

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