Friday, February 20, 2015

Sunstein: Judge in Texas v. United States Got APA Analysis Wrong


As we have seen this week, immigration law can be great fun for administrative law professors as well as immigration law professors.  In this op/ed, administrative law expert Cass Sunstein seriously undermines the Administrative Procedure Act analysis of Judge Andrew Hanen in Texas v. United States.  Bring on the appeals!

It is noteworthy that the district court opinion granting the preliminary injunction devotes much of its discussion of the standing of the states, with a particular focus on Texas, and one specific legal claim about the alleged failure to comply with the notice-and-comment provisions of the APA.


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