Gorbach v. Reno

THOMAS, Circuit Judge,

with whom Judges BROWNING, T.G. NELSON, HAWKINS, and TASHIMA join, concurring:

I agree that the preliminary injunction should be affirmed. I write separately because I believe that when we review an administrative agency’s construction of the statute it administers, the proper analytical framework is dictated by Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-45, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), as recently explained in Food and Drug Administration v. Brown & Williamson Tobacco Corp., — U.S. -, 120 S.Ct. 1291, 146 L.Ed.2d 121…