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0 points_DeadFred_10mo ago0 comments

I remember when you claimed the APA didn't apply to this. At least now you don't bother to defend based on legality and are cool with forcing your 'totally not corrupt' single totalitarian viewpoint on the country in order to counter... corrupt totalitarianism.

Get rid of Harvard and the person you mentioned would just... go somewhere else. You aren't actually advocated FOR anything, just saying 'there are bad people in the world'. Um, ok, yeah, we know that. That's why we disagree with you empowering those we see as bad people but that you defend illegally empowering/illegal behavior of because you happen to agree with them.

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rayiner10mo ago

The APA doesn’t apply to this—issuing visas as a discretionary function of the executive, and thus unreviewable under section 701(a)(2). Where am I being inconsistent?

Have any of the challenges to the administration prevailed on APA grounds in an appellate court?

_DeadFred_OP10mo ago

"In an appellate court" doing a lot of heavy lifting for you, isn't it? How many APA cases has this administration lost in district courts?

rayiner10mo ago

Lawyers rely on appellate court decisions to understand what the law actually is or isn’t. District court orders granting TROs don’t even include meaningful legal reasoning. Lots of these are being overturned. E.g. https://www.npr.org/2025/05/22/nx-s1-5407923/voa-voice-of-am....

The Supreme Court stands ready to overturn Humphreys Executor. https://www.msnbc.com/deadline-white-house/deadline-legal-bl.... The prospect of the Supreme Court upholding using the APA to challenge direct presidential action is nil. Courts aren’t empowered to micromanage discretionary presidential actions.

The cases where appellate courts have upheld injunctions against the administration have been mainly on due process and first amendment groups. Courts are empowered to protect individual rights from executive action.

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0 points_DeadFred_10mo ago0 comments

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rayiner10mo ago

The APA doesn’t apply to this—issuing visas as a discretionary function of the executive, and thus unreviewable under section 701(a)(2). Where am I being inconsistent?

Have any of the challenges to the administration prevailed on APA grounds in an appellate court?

_DeadFred_OP10mo ago

"In an appellate court" doing a lot of heavy lifting for you, isn't it? How many APA cases has this administration lost in district courts?

rayiner10mo ago

j / k navigate · click thread line to collapse