Replies to post #105336 on US Stem Cell Inc (USRM)

[a1tellem]

Ding ding ding

[Dragon Lady]

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 !

[Stubbornseller]

Thank you Carl for helping us remember..
This is also when a certain blogger of stem cells A known expert reported he thinks USRM has a good chance of getting a fair chance to argue their case..