Legal Opinion · Dissent

Organized Village of Kake v. United States Department of Agriculture

Court of Appeals for the Ninth Circuit

Decided July 29, 2015No. 11-35517Published

1Dissent

M. SMITH, Circuit Judge, with whom KOZINSKI, TALLMAN, CLIFTON, and CALLAHAN, Circuit Judges, join,

dissenting:

Elections have legal consequences. When a political leader from one party becomes president of the United States after a president from another party has occupied the White House for the previous term, the policies of the new president will occasionally clash with, and supplant, those of the previous president, often leading to changes in rules promulgated pursuant to the Administrative Procedure Act (APA), Pub.L. No. 79-404, 60 Stat. 237 (1946) (codified as amended at 5 U.S.C. § 701…

2Cases cited8 opinions

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996
Northern Plains Resource Council, Inc. v. Surface Transportation BoardCourt of Appeals for the Ninth Circuit · 2011
Farmworkers Justice Fund, Inc. v. William Brock, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1987
Baker v. CarrSupreme Court of the United States · 1962

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