Judicial Nominees Pressed on Advising Clients to Ignore Court Opinions

Advising on Court Orders

• ⚖️ Judicial nominees were questioned on whether they would advise a client to ignore a federal district court opinion.
• 🗣️ One nominee stated they would advise a client on how best to comply with all lawful court orders.
• ❓ When pressed, the nominee confirmed this meant advising a client not to follow a federal district court opinion, a federal court of appeals decision, or a Supreme Court opinion.

Administrative Procedures Act (APA) and Rule Changes

• 🏛️ The discussion shifted to changing current rules under the Administrative Procedures Act (APA).
• 📝 Generally, changing a rule requires providing notice and inviting input, and sometimes holding a hearing.
• ❓ Nominees were asked about exceptions to this process, specifically the good cause exception to the APA.

Loperbrite and Chevron Doctrine

• 🔍 The Supreme Court case Loperbrite, which overturned the Chevron deference doctrine, was discussed.
• ⚖️ The question arose whether the Justice Department could use the good cause exception to forego notice and comment if a rule plainly violates the Supreme Court's ruling in Loperbrite.
• ✅ It was acknowledged that if a rule is plainly unconstitutional, it would be appropriate for the Department of Justice to review and make a determination.