A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of ...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 ...
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 ...
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). ...