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The Government’s desperation is palpable. Throwing everything and the kitchen sink at this suit, the Government hopes that something—anything—will block judicial review of its patently unlawful Rule. But, under the law, it is clear that nothing should. This is a run-of-the mill APA challenge to a final agency regulation, the sort of purely legal challenge that federal courts—and especially this Court—resolve every day.
Source URL: http://cei.org/legal-briefs/affordable-care-act-lawsuit-august-9-plaintiffs-opposition-motion-dismiss