Cornelia Thayer Livingston Pillard

How Judge Pillard rules, drawn from 35 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the District of Columbia Circuit
Position
Circuit judge
Appointed by
Barack Obama (Democratic)
Commissioned
December 17, 2013
ABA rating
Well Qualified
Education
Yale College (B.A. in history, magna cum laude, 1983); Harvard Law School (J.D., magna cum laude, 1987)
Signed orders read
35

About Judge Pillard

Cornelia Thayer Livingston Pillard is a judge of the United States Court of Appeals for the District of Columbia Circuit. Appointed by President Barack Obama, Judge Pillard received a commission on December 17, 2013.

Judge Pillard's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Pillard's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Pillard decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Peabody Midwest Mining, Pillard read the mine safety rule’s no-other-work provision alongside its separate command to disconnect electrical power, concluding that drilling at the elevated methane level was barred.

“Given the separate requirement for operators to ‘deenergize[]’ equipment and ‘disconnect[]’ electric power when methane levels exceed 1.5%, the no-other-work provision must at minimum bar work with an electrically powered drill.”

When an agency adopts a substantive categorical policy without notice-and-comment rulemaking and then applies it to deny an individual, she holds the agency to a heightened duty to actually explain its reasoning and evidence, not merely assert a rule: informality of process raises rather than lowers the bar for justification.

“when an agency adopts a substantive policy without rulemaking or public comment and applies it in a particular case, it is especially important that it meet ‘its responsibility to present evidence and reasoning supporting’ that policy.”

Procedural preferences

In Khine’s records case, she held that the requester had to appeal within the agency before suing because the agency’s initial response explained its asserted exemptions and appeal rights.

“The parties here do not dispute that Khine filed no administrative appeal before she sought judicial review.”

In Musgrave v. Warner, Pillard affirmed on the Speech or Debate Clause’s nondisclosure privilege as a threshold ground without deciding the jurisdictional issue first.

“Because the Speech or Debate Clause's nondisclosure privilege bars the relief Musgrave seeks, it is a ‘threshold ground[] for denying audience to a case on the merits’ that we have the ‘leeway’ of deciding before jurisdictional issues.”

Cautions

In Human Rights Defense Center v. Park Police, Pillard rejected the agency’s Exemption 6 showing because its Vaughn index and declarations gave only conclusory assertions about the officers’ privacy interests.

“The privacy assertions contained in the Park Police's Vaughn index and declarations are wholly conclusory, lacking even minimal substantiation of the officers' privacy interest or the potential harm from disclosing their names.”

In Banner Health v. NLRB, Pillard rejected the Board’s inference that the employer categorically requested confidentiality during investigations because the cited testimony did not support that inference.

“Even under our deferential standard of review, the Board made unwarranted logical leaps that the evidence cannot fairly support.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Priests for Life v. United States Department of Health & Human Services
13-5368 (consolidated with 13-5371, 14-5021) · 2014-11-14
Appeal (appellants (religious nonprofit employers)) Denied

“In sum, we reject all of Plaintiffs’ challenges to the regulations.”

National Security Counselors v. Central Intelligence Agency
14-5171 · 2016-01-15
Appeal (appellant) Granted

“We therefore reverse the district court's holding that NSC is ineligible for fees under FOIA, and remand to the district court for further proceedings consistent with this opinion.”

Judicial Watch, Inc. v. United States Department of Defense
16-5054 · 2017-02-07
Appeal (appellant) Denied

“Seeing no reason to disturb the district court's judgment that the Lumpkin Memo was a privileged deliberative document, we affirm.”

United States v. Khan Mohammed
16-3102 · 2017-07-21
Appeal (appellant) Granted in part

“For these reasons, we affirm in part and vacate in part the decision below and remand to the district court for further proceedings consistent with this opinion.”

Citizens for Responsibility and Ethics in Washington v. United States Department of Justice
21-5276 · 2023-01-31
Appeal (appellant) Granted

“For the foregoing reasons, we reverse the district court's decision granting the Bureau's motion for summary judgment and remand for further proceedings consistent with this opinion.”

Combat Veterans for Congress Political Action Committee v. Federal Election Commission
13-5358 · 2015-07-28
Appeal (appellant) Denied

“For the foregoing reasons, we affirm the decision of the district court.”

A.N.S.W.E.R. Coalition (Act Now to Stop War & End Racism) v. Basham
16-5047 · 2017-01-17
Appeal (appellant) Denied

“We accordingly affirm the district court's grant of summary judgment to the Park Service.”

Tyler Brennan v. Stephen Dickson
21-1087 · 2022-07-29
Petition for review (petitioner) Denied

“For all these reasons, we deny the petition for review.”

Luis Villa-Arce v. Commissioner of Internal Revenue
22-1006 · 2023-05-26
Appeal (appellant) Denied

“For the foregoing reasons, we affirm the Tax Court's decision.”

Mark McAfee v. United States Food and Drug Administration
21-5170 · 2022-06-10
Appeal (appellant) Denied

“For the foregoing reasons, the judgment of the district court is affirmed.”

Leonard A. Sacks & Associates, P.C. v. International Monetary Fund
21-7034 · 2022-02-25
Appeal (appellant) Denied

“For the foregoing reasons, we affirm.”

Peabody Midwest Mining, LLC v. Secretary of Labor
22-1242 · 2023-06-16
Petition for review (petitioner) Denied

“For the foregoing reasons, we deny Peabody and Butler's petition for review.”

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