Quote:
Originally posted by SlaveNoMore
Why do I think the 9th would have gone the other way if, oh I dunno, say someone other than Ashcroft wasn't the AG of record?
FWIW - I have no problem with this at all.
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I don't think the 9th would have been confronted with the issue if someone other than Ashcroft was the AG. And if someone other than Ashcroft were the AG, I think this panel would have come out the same way. And whether it's sustained
en banc has entirely to do with who's drawn for the panel.
And, with a very quick look, it seems that the dissent has the better of the argument that the controlled substances act allows this interpretation of the law, and therefore it should be given deference under
Chevron by the court. But it's a 58 page opinion and, unlike my posts here, I can't bill my time to read it fully right now.
