Vaxxed and Relaxed

Divided Argument

We have another short administrative law episode, analyzing the Supreme Court's decision about e-cigarettes in FDA v. Wages and White Lion. But first we field some listener pushback about facial challenges in administrative law, and discuss the shadow docket ruling, and ensuing fallout, in Noem v. Abrego Garcia.

2025-04-16 56 min Transcript

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Will Baude: At a big principles level, it is true that the AG can take control of the immigration system, and that does sometimes happen. In fact, each new often in the change of administration, the AG reverses some prior immigration appeals, ruling about various issues. [unintelligible did this. And then there are things like that go back and forth, but it's not the case that would just be the end of the matter, because some courts would be involved. And the fact that we currently have a pending court order saying the government's first obligation is to treat him as-

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