When can an agency adjudicate past conduct according to a new policy that conflicts with the agency’s former policy? Continue reading
The D.C. Circuit is showing up in force at the Federalist Society’s annual National Lawyers Convention today through Saturday at the Mayflower Hotel, three stops away from Judiciary Square on the Red Line. Continue reading
On Friday the Supreme Court granted cert in a Voting Rights Act case from the D.C. Circuit, Shelby County v. Holder. The grant came three days after the general election and three years after the Supreme Court raised, in the words of Judge Tatel’s majority opinion, “serious questions about the continued constitutionality of section 5.” Continue reading
Posted in Case News, Cert Watch, National News, News, Weekend Review
Tagged 09-3094, 09-3120, 09-3137, 11-1113, 11-1184, 11-5256, 12-96 (S. Ct.), 679 F.3d 848, AEDPA, Clean Air Act, equitable tolling, Judge David S. Tatel, Judge Judith W. Rogers, Judge Stephen F. Williams, MVRA, restitution, Shelby County v. Holder, Voting Rights Act
On Friday the D.C. Circuit held that the Copyright Royalty Board’s structure violates the Appointments Clause and judicially reconstructed the Board to avoid the constitutional violation. Continue reading
Those who think the D.C. Circuit’s Chevron jurisprudence is a rubber stamp for agency action should read Tuesday’s Fox v. Clinton decision [pdf]. Judge Edwards’s opinion identifies seven overlapping reasons why the court could not defer to the State Department’s refusal to issue a Certificate of Loss of Nationality to an emigrant seeking to renounce his American citizenship: Continue reading
Today the D.C. Circuit affirmed the Tax Court’s determination that IRS Appeals Officers, who are authorized to make deficiency determinations and compromise a taxpayer’s disputed liability, are not “Officers of the United States” who must be appointed by the President or by the heads of departments pursuant to the Appointments Clause. Continue reading
Posted in Case Analysis
Tagged 07-5127, 11-1191, 501 U.S. 868, appeals officer, Appointments Clause, collection due process, Freytag v. Commissioner, inferior officer, IRS, Judge Stephen F. Williams, Tax Court
A video of Senior Judge Williams‘s talk at the Hudson Institute on Friday is available here.
Senior Judge Williams will speak Friday, September 16, on the role of courts in combating rent-seeking, according to a press release from the Hudson Institute‘s Center for Economics of the Internet. The event will take place from 12:00 pm to 1:30 pm, at 1015 15th Street, NW, Sixth Floor, Washington, DC 20005. Lunch will be served.
RSVP to attend in person, or watch Judge Williams’s remarks via streaming video.