Action subject to judicial review v. judicially reviewable action
My argument recap for Kloeckner v. Solis is up on SCOTUSBlog. (This was the third of the jurisdiction cases on the schedule this week).
It was a fun argument, involving close parsing of statutory language. The government’s argument turned on the distinction between an “action subject to judicial review” and a “judicially reviewable action.” When the government’s attorney first offered that distinction, the Chief asked her to say it again, a little more slowly. When the Chief repeated her argument back to her, she said “Say it again? I’m sorry?” After which, the attorney said “This is going to happen a lot.” Indeed.