We just want to keep a complete record, of how far out -- off the fairway, and deep into the rough, young USDC Judge B. Drew Tipton is, here -- hacking away at the underbrush with a seven iron, hoping one day -- by mere chance -- to strike someone's golf ball. Probably not even his. [With the full Sixth Circuit 24 page holding, here.]
The generally conservative Sixth Circuit just agreed with the Biden Administration that the very same items Judge Tipton held his "trial" on. . . are very likely completely un-reviewable -- by any court, since they aren't even "final" agency actions, thus:
. . .On April 12, 2022, the Sixth Circuit granted the governments’ motion to stay the preliminary injunction pending appeal. Order, Arizona v. Biden, No. 22-3272 (6th Cir. April 12, 2022) (attached). The Sixth Circuit, in an opinion by Chief Judge Sutton, reasoned (1) that the States likely lacked standing, id. at 5-8; (2) that the September Guidance likely is unreviewable under the Administrative Procedure Act because it is not final agency action, id. at 9-12; (3) that, even if it were reviewable, Defendants were likely to prevail on the merits because (a) the September Guidance likely is not “contrary to law,” id. at 12-15; (b) the September Guidance likely is not “arbitrary or capricious,” id. at 15-16; and (c) the September Guidance likely was not required to undergo notice-and-comment procedures, id. at 16. For the Court’s convenience, Defendants are attaching a copy of the Sixth Circuit’s opinion to this filing. . . .
Not even a final action -- and young Tipton held a "trial". What a hilarious waste of taxpayer funds, in the form of federal judicial resources. Damn. Just. . . damn.
नमस्ते
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