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 …
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 …
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 …
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, …
A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of …
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 …
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 …
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 …
Courts rarely hold that agency decisions lack substantial evidence. Or so goes the conventional wisdom. And there’s something to it—see, for example, our recent post …
The FDA has the undisputed power to ban a medical device entirely; but if it approves the device, it may not ban certain uses. That …
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