Tag Archives: Judge Stephen F. Williams

D.C. Circuit Approves Retroactive Application of FERC’s New Interpretation of the Natural Gas Act

When can an agency adjudicate past conduct according to a new policy that conflicts with the agency’s former policy? Continue reading

Five D.C. Circuit Judges Will Speak at Federalist Society Convention

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

Weekend Review

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

Czars, and Removability, and Intercollegiate Broadcasting, Oh My!

On reflection, the most striking thing about the D.C. Circuit’s recent decision finding an Appointments Clause violation in the structure of the Copyright Royalty Board is how little the court had to say about the judicial remedy it imposed.   Continue reading

D.C. Circuit Holds Copyright Royalty Board Unconstitutional, Fixes It

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

Fencing Chevron’s Domain: Fox v. Clinton

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

D.C. Circuit Holds IRS Appeals Officers Are Not Subject to the Appointments Clause

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