#but on the gripping hand i'm vaguely aware that the DC circuit has a privileged place in agency litigation in at least some contexts | Explore Tumblr posts and blogs

tototavros · 10 months ago

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However you feel about Chevron (the judicial doctrine), the argument in Relentless v. Dept of Commerce has been a good & interesting dispute on American political theory. Much better, in my view, than almost all 'opinion pieces' on the subject.

#granted listening to the Advisory Opinions podcast on it beforehand helped open my eyes to the fact that flipflopping #of agencies every presidential election was not foreordained but confirmed only recently -- in the Brand X case #permitting new agency interpretations to trump stare decisis in the circuits #also i haven't heard people talking about how Chevron importantly took power away from the *DC* circuit.#but maybe litigation against agencies has developed so they can now sue in their most favored circuit given modern forum shopping practices #but on the gripping hand i'm vaguely aware that the DC circuit has a privileged place in agency litigation in at least some contexts #but that awareness; vague as it is; might have been merely historical.

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