The case is called Corner Post — and it is a gift to wealthy groups and businesses — ones that want to invalidate long standing regulations, using the APA. It does so, by changing the statute of limitations (by simply saying despite the unambiguously clear law that the Congress wrote, and the long-ago President signed), the right-wing five Justices will simply ignore the plain text, and invent an argument for why wealthy people may sue for any supposed slight, from a regulation — essentially forever.
So, Justice Jackson has the better opinion — in dissent (see below). But it only attracted three votes.
…The Court’s baseless conclusion means that there is effectively no longer any limitations period for lawsuits that challenge agency regulations on their face. Allowing every new commercial entity to bring fresh facial challenges to long-existing regulations is profoundly destabilizing for both Government and businesses. It also allows well-heeled litigants to game the system by creating new entities or finding new plaintiffs whenever they blow past the statutory deadline.
The majority refuses to accept the straightforward, commonsense, and singularly plausible reading of the limitations statute that Congress wrote. In doing so, the Court wreaks havoc on Government agencies, businesses, and society at large. I respectfully dissent. . . .
At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government….
On, to the immunity opinion. More soon. So — the immunity decision simply sends it back to the trial court for more fact finding: was Tangerine’s J6 speech core duty? I think not. Most charitably, it would have been a political rally — not a duty of the DEPARTING occupant of 1600 Penn. So more delay. Ugh. We must remove his influence at the ballot box, in November. Out.
नमस्ते
Powerline Lies... 