WASHINGTON — Supreme Court oral arguments in a key immigration case grew heated Tuesday as Justice Ketanji Brown Jackson — President Biden’s first nominee to the high court — appeared to reje…
WASHINGTON — Supreme Court oral arguments in a key immigration case grew heated Tuesday as Justice Ketanji Brown Jackson — President Biden’s first nominee to the high court — appeared to reject the White House’s interpretation of federal law.
Jackson tore into Prelogar on a single element of the complex case — telling her that the Biden administration was wrong to say that courts cannot toss out policies that violate the APA, which specifies certain steps such as providing public notice and comment periods when regulations are changed. “So Justice Jackson, I think where I disagree with your analysis isn’t suggesting that a plaintiff in a case isn’t protesting the application of the invalid agency regulation to that
The case could have broader effects. Republicans accuse the Biden administration of failing to enforce other immigration laws amid a record-high number of illegal border crossings this year.Prelogar countered, “I certainly acknowledge that when a plaintiff is challenging the agency’s decision-making, their legal theory could suggest that the agency regulation is invalid in all of its applications and as applied to other parties too.
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