Sunday, April 11, 2010

Margaret Strock on Kucana v. Holder

The Federalist Society has a podcast of United States Military Academy at West Point Department of Law Professor Margaret D. Stock analyzing the Supreme Court's recent decision in Kucana v. Holder. In a 9-0 decision delivered by Justice Ginsburg, the Court held that the statute's proscription of judicial review applies only to determinations made discretionary by statute and not to determinations declared discretionary by the Attorney General through regulation. Justice Alito filed a separate opinion; he concurred in the judgment.


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