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Turley has some interesting points on this ruling...

While many will simply dismiss this as a predictable move by Republican appointees, I believe that that claim unfair to these judges, unsupported by the decision, and a continuation of our rather poisonous political debate where every opposing voice is denounced as without honor or good faith. The same objection could be made to the Democratically appointed judge in dissent. In reality, all three remained faithful to their views of statutory interpretation, or legisprudence. It is true that the D.C. Circuit has a better array of judges for the Administration but not because of who appointed them. The judges include a number who agree with the broad deference given to agencies, as does Edwards. However, even those judges will have to reconcile recent decisions by the Supreme Court that rejected the same type of "holistic" interpretations. On Michigan v. Bay Mills Indian Community, for example, Justice Elena Kagan held:

But this Court does not revise legislation, as Michigan proposes, just because the text as written creates an ap¬parent anomaly as to some subject it does not address. Truth be told, such anomalies often arise from statutes, if for no other reason than that Congress typically legislates by parts -- addressing one thing without examining all others that might merit comparable treatment . . . This Court has no roving license, in even ordinary cases of statutory interpretation, to disregard clear language simply on the view that (in Michigan's words) Congress ‘must have intended' something broader."

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