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A blog on practice in the Nation’s second-most powerful court
A little-noticed recent article by new D.C. Circuit judge Brown Jackson
Today, Ketanji Brown Jackson was confirmed as a judge on the D.C. Circuit by the U.S. Senate. You probably know that Judge Brown Jackson sat …
“Breeding closely related iguanas is not a good idea”
So held a panel of the D.C. Circuit on Friday. Well, to be precise, the panel held that this intriguing determination of the U.S. Fish and …
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). …
“We must give effect to the specific over the general”
If you’re a litigator, you’ve probably invoked the specific-controls-the-general canon at one time or another. Whether you’ve prevailed with that argument is another question; it …
D.C. Circuit puts Garamond font on the naughty list
Without formally banning it, the D.C. Circuit has announced that wise lawyers will forgo using Garamond font: Federal Rule of Appellate Procedure 32(a)(5) requires courts …
D.C. Circuit divides again on finality of orders dismissing complaints without prejudice
If a district court dismisses a complaint in its entirety and closes the case, is the order final and appealable? Not necessarily, a panel of …
D.C. Circuit rejects hospitals’ challenge to Trump Administration rule
As readers will recall, a broad collection of hospitals, led by the American Hospital Association, challenged the Trump Administration’s interpretation of the Affordable Care Act’s …
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 …
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 …
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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