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Friday, January 07, 2022 4:03:51 PM
Alito limited the remedy for compensable harm, *if any*, to acts taken (or wrongly barred) under a full Director.
The NWS was undertaken by an Asst Director. Not a full Director. So the NWS ‘in total’ is not reversible in this claim.
Alito made this very clear.
Gorsuch was the lone dissenting pen demanding a full reversal (IMO he makes good points, but for now the en banc Fifth is duty-bound to adhere to Alito’s majority as the new precedent).
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