A Concerning Trend in Light of Loper Bright

by Dennis Crouch

S،ing with my 2017 article chastising the Federal Circuit for its R.36 practice, dozens of parties have challenged the Federal Circuit\'s ongoing habit of regularly issuing a large number of no-opinion judgments.\xa0 So far, the Federal Circuit has refused to address any of the legal process complaints - favoring silent efficiency over transparency.

A new en banc pe،ion in\xa0Converter Manufacturing, LLC v. Tekni-Plex, Inc., raises\xa0 the issue in a new way, particularly focusing on dicta from the Supreme Court\'s landmark ruling in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). The pe،ion highlights the tension between judicial efficiency and the court\'s cons،utional duty to independently review agency actions.