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Re: Carl Spackler post# 105336

Tuesday, 03/02/2021 9:55:45 AM

Tuesday, March 02, 2021 9:55:45 AM

Post# of 106831
KISOR_Actually_UPHELD "DEFERENCE" And_did_NOT_abolish_it_LOL ????

It seems that at least one person has “forgotten” the third court involved in this charade: the SCOTUS.

Their Kisor v Wilkie decision makes Ungaro’s previous ruling a non-option, if remanded to her court.
She granted summary judgement based on deference to the FDA. SCOTUS changed the rules on that with Kisor v Wilkie. Precedence has been established at “thee” highest court. Ungaro would have to play extremely loosely with the laws to find authority/jurisdiction/justification to try traveling that road again. Deference is out.




Uh - NOTHING stated above is even remotely true or accurate as to what occurred in Kisor v Wilkie??? Let alone as to how a sitting highly experienced judge Ungaro runs her courtroom and understands THE LAW etc ?????

Kisor UPHELD "DEFERENCE" and "DEFERENCE" though changed "somewhat" = still VERY much alive and well??????

Ungaro, a Loooooong sitting and highly educated and experienced actual attorney and well respected FEDERAL judge is well, well, well aware of all current case law and how to apply same I'm sure LMAO ??????

https://legal.thomsonreuters.com/en/insights/articles/kisor-v-wilkie-upholds-auer-deference

Chevron has been "limited" in the past several years to a more restrictive view as to how/when to apply it by SCOTUS in certain ways - but in no way has "deference" in regards to federal regs as written "per what the congress would have intended" via empowering an alphabet agency, in no way has that somehow been vanquished, scrubbed or totally "eliminated" contrary to popular MYTHS LOL ???????



"Chevron doctrine" aka "Deference" ain't over by a looooong shot !

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