Tag Archives: Judge A. Raymond Randolph

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

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Divided D.C. Circuit Rejects Airlines’ First Amendment Challenge Based on Agency’s Interpretation of its Own Rule

In Spirit Airlines v. Department of Transportation, a D.C. Circuit panel with the unlikely split of Judges Tatel and Henderson in the majority and Judge Randolph in dissent, engages in two parallel debates.  The first is constitutional, and the second is over the proper tools of judicial decisionmaking.   Continue reading

To Vacate or Not to Vacate? How to Handle Unlawful but Potentially Redeemable Agency Action

In a concurring opinion issued Friday [pdf], Judge Randolph continues his campaign to standardize the D.C. Circuit’s inconsistent disposition of administrative orders that it holds unlawful. Continue reading

FDA May Get Burned by D.C. Circuit on Cigarette Warning Labels

Tuesday’s oral argument on the FDA’s proposed cigarette carton labels drew more attention than an ash tray in a D.C. restaurant.   Continue reading

No One Says “Dissental”

The latest volley in the debate over the propriety of dissents from the denial of rehearing en banc came yesterday from Chief Judge Alex Kozinski of the Ninth Circuit and a former clerk in an essay entitled I Say Dissental, You Say Concurral. Continue reading

Does Oral Argument Matter?

Oral arguments “matter a great deal,” Senior Judge Raymond Randolph told the Federal Bar Association’s Section on Taxation earlier this month, as reported in Tax Notes Today (subscription required). Continue reading

Supreme Court To Decide Whether An Indian Tribe’s Neighbor May Sue the Government for Enabling Casino Construction

Yesterday the Supreme Court granted cert in Salazar v. Patchak (S. Ct. 11-247) and Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (S. Ct. 246). Continue reading