[SoConPubbie]

First:

With regards to this part of his ruling:

make agency action presumptively reviewable

Pay special attention to the word "presumptively."

In order to prove that this was just not judicial ruling by another court and that it was not just the bench improperly legislating, you'd have to review the notes from the legislation that enacted the "Administrative Procedure Act" to actually determine if Congress actually meant for an Illegal Alien to have that right.

Furthermore, If Congress meant for the Illegal Alien to have that right, instead of just relying on Stare Decisis and "Settled" Federal common-law, it would have been a bit more refreshing if Kethledge actually questions whether or not an Illegal Alien should ever be given legal rights, but instead, focused on the fact that the Illegal Alien was actually "Illegal", and should be deported immediately.

[AndyJackson]

You'd have to review the notes from the legislation that enacted the "

B effin S. As Scalia wrote many many many many many many times, in interpreting legislative intent you apply the clear letter of the law as written. You resort to secondary sources only if the law as written is ambiguous. This is not ambiguous.

Period. And no-one can claim he is a conservative who believes that the administrative acts of the Administration should not be judicially reviewable.