Reading through the SCOTUS DACA opinion. I know, I know, a few days late, gimme a break. It’s a good read so far though!

Good reasoning on finding that the rescission is reviewable under the APA, and that DHS used impermissible post-hoc rationalizations in the Nielsen Memo. Though it worries me that Justice Kavanaugh sees administrative law as a “useless formality”.

So far so good in calling out the goalpost moving.

Interesting tidbit: Act. Sec. Duke may not have had the authority to determine that DACA was illegal - but this was not called out in the merits argument put forth by the respondents. Wonder how things would have looked if that was also challenged.

And of course - it makes reasonable sense that one could rescind benefits and leave in place forebearance. Rescinding both with weak reasoning is sketch af.

Oh boy - invoking the highway traffic admin (NHTSA) actions in Motor Vehicle v. State Farm was clutch.

Way out of scope for this thread, but just the idea that agencies must “be cognizant that long-standing policies may have engendered serious reliance interests” is enough to convince me that Roe v. Wade is secure and settled law.