Mullin v. Al Otro Lado · ¶181

Odder still is the fact that, before the Ninth Circuit, the Government suggested that its rescission of the guidance created jurisdictional problems. See Supp. Brief for Appellants in Response to Court Order in No. 22–55988 etc., p. 42, n. 5. Before us, it asserted the opposite. See Tr. of Oral Arg. 26. This shift in positions calls for consideration of whether the Government’s arguments are sincere and reasonable, rather than a ploy to obtain this Court’s review of a now-defunct policy.

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