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Re: navycmdr post# 706684

Friday, 01/07/2022 4:03:51 PM

Friday, January 07, 2022 4:03:51 PM

Post# of 796762
That train has sailed.

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).