Stuartbirdman
Well-known member
- Joined
- Jun 12, 2019
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Has the Emperor given up grabbing *****?
Look, if you guys want to talk about predatory behavior, ok. It's your funeral.
Roberts acknowledged that courts should be “deferential” when reviewing an agency’s action, but he countered – citing Judge Henry Friendly, for whom he clerked on the U.S. Court of Appeals for the 2nd Circuit – that “we are not required to exhibit a naiveté from which ordinary citizens are free.” And here, when “the evidence tells a story that does not match the explanation the Secretary gave for his decision,” judicial review calls for “something better than the explanation offered for the action taken in this case.” “In these unusual circumstances,” Roberts concluded, the district court was therefore correct to send the case back to the Department of Commerce for it to provide a better explanation. “Reasoned decisionmaking,” Roberts emphasized, “calls for an explanation for agency action. What was provided here was more of a distraction