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