MENU

DC Circuit

News

Fannie Mae building

The D.C. Circuit Decision On The “Net Worth Sweep” Was Not A Clean Sweep For The Government

Jason Levine March 29, 2017
SHARE:      

Overlooked by much of the commentary on the D.C. Circuit’s recent decision on the Treasury Department’s “net worth sweep” are the contract claims remanded to the district court. Perry Capital LLC et al. v. Mnuchin et al., No. 14-5243, slip op. at 58-73 (D.C. Cir. Feb. 21, 2017). These claims warrant attention because they may result in sizable damages to investors in Fannie Mae and Freddie Mac securities, despite the dismissal of plaintiffs’ statutory claims for injunctive relief. [Read More]

News

Safari International Club v. Jewell: D.C. Circuit Hunts Down Agency’s Procedural Evasions of Judicial Review

Derek Lyons December 14, 2016
SHARE:      

The most remarkable thing about the D.C. Circuit’s recent opinion in Safari International Club v. Jewell is that there was any opinion at all. Its blackletter law holdings on standing, final agency action, and exhaustion are the type often found in unpublished decisions. Yet the case is interesting for two reasons. The first is the glimpse it gives into an agency’s willingness to make borderline frivolous procedural arguments to evade substantive judicial review. And the second is the unqualified rejection a panel of judges not known for their skepticism of the administrative state gave to them. As a result, the case is simultaneously distressing and refreshing. It is both a reminder of how procedural complexity can empower bureaucrats and of how panel composition is not necessarily outcome‑determinative in administrative law. [Read More]

News

CFPB logo

Setback for the CFPB in the DC Circuit

Christian Corrigan October 12, 2016
SHARE:      

Yesterday, the U.S. Court of Appeals for the D.C. Circuit delivered a huge blow the Consumer Financial Protection Bureau (CFPB). In a terrific opinion on executive power and individual liberty, Judge Brett Kavanaugh wrote that the CFPB’s status as an independent agency headed by a single director violated Article II of the Constitution.  [Read More]