Loper Bright Enterprises v. Raimondo

Does she have to? Did they violate her rights? Um, I don't know.

We've got bar association dues, Key Tam, plus the gun surveillance case, the funding conditions, the Loper Bright that we didn't get to.

And then David, I, I think of myself as a soft unitary executive person.

Mm-hmm.

All right.

Uh, John asks, "Has anyone tried to use some version of the Corner Post Loper Bright Jarkesy trifecta to argue that immigration judges and courts are unconstitutional and cannot be used to deport immigrants? If so, how has this argument been received?" Eric, my understanding is that, um, Congress kinda has plenary authority over the border, and so it's kind of allowed to set up whatever system it wants for this sort of adjudication.

Um, I don't remember how far back in my memory that r- the recesses of that lie, but it's not really a regulatory question, right? It's kind of a Congress gets to decide who gets to come here, right?

Uh, yeah, that's right.

And, uh, we, we did discuss last week, uh, uh, one, uh, Loper Bright issue, uh, involving h- what deference to, uh, a Board of Immigration appeals, uh, in- interpretations of the statutes, which is no, no longer a thing, uh, uh, since Chevron was struck down in Loper Bright.

So that, that is a way for, uh, the courts to, uh, kind of be more, uh, liberal, or if you will, or, or pro-immigrant than, uh, the Board of Immigration appeals has been in some cases.

Uh, Corner Post is, involves the statute of lim- uh, when the statute of limitations expire on challenging agency actions.

They're probably sick of hearing about it.

But the case was appealed to the Supreme Court, which in the interim decided Loper Bright, which is the case that overruled Chevron.

And so then the Supreme Court remanded it back to the D.C.

Circuit to evaluate it in light of Loper Bright without no more Chevron deference.

So on remand, what did the D.C.

Circuit hold?

So it is kind of a staunch protection of that right not to be represented by a union.

But that's what they said.

You don't have to choose between one or the other.

Also, we have been changing rules here post-Loperbright, a Supreme Court case in recent years that now require an agency to follow the single best reading of federal statute.

When we make decisions analyzing that single best reading of statute and it goes to the courts and the courts end up agreeing right through the Supreme Court, some administration can't come in the future and have a different single best reading of law.

So that's been important as well.

Both can be true at the same time.

All right, so we're going to leave these other circuit decisions, as I said, gun surveillance, funding conditions, and Loper Bright for another day and call it an AO.

Thanks guys.

Hey, it's Ryan Reynolds here from Mint Mobile.