given enormous relief to people who’ve worried the Court really was operating on what Justice Kagan called the principle that the President always wins. Possibly some—but not a critical majority—are.
The visceral common sense of that is so strong—the Court should not decide a case on grounds it thinks are wrong just because the parties didn’t make the right argument—that it makes you wonder if Justice Alito really believes what he says. This Supreme Court action has
Isn’t it a bit strange that Justice Thomas apparently finds party presentation more binding than Supreme Court precedent?
given enormous relief to people who’ve worried the Court really was operating on what Justice Kagan called the principle that the President always wins. Possibly some—but not a critical majority—are.
The visceral common sense of that is so strong—the Court should not decide a case on grounds it thinks are wrong just because the parties didn’t make the right argument—that it makes you wonder if Justice Alito really believes what he says. This Supreme Court action has
This principle is embedded in admin law via the Chenery doctrine, to the point of being jurisdictional. Woelke & Romero Framing v. NLRB.