Mullin v. Doe · ¶130

Indeed, the consequences of today’s holding could be Exhibit A in the case for why we have adopted a presumption favoring judicial review. The TPS statute makes plain that Congress insulated the Secretary’s designation determinations from review—that it did not want judges overriding secretarial decisions (made with proper consultation) about conditions in foreign countries. But the majority’s holding makes everything in the statute precatory, including procedural requisites whose enforcement would seem to fall smack in the middle of the judicial wheelhouse. After today, a Secretary can announce to the world that she didn’t consult with anyone—more, that she didn’t evaluate country conditions at all—before making, extending, or terminating a TPS designation. And the courts will be powerless to intervene, even though Congress loaded up the TPS statute with requirements about the…

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