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Philip Hackney
@eotaxprof.bsky.social
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TaxProf, nonprofits, dark money, democracy, art law, fmr IRS Chief Counsel attorney, public policy, Pitt Law; see my research at papers.ssrn.com/sol3/cf_dev/AbsByAu….
![MULLIN v. DOE
Syllabus
that the termination of Haiti’s TPS designation violated the constitutional right to equal protection because it was motivated by race. The
District Court granted interim relief, and a divided D. C. Circuit panel
declined to issue a stay. The Government sought a stay and a writ of
certiorari before judgment in both cases. This Court granted review,
consolidated the cases, and deferred ruling on the stay applications.
Held:
1. The TPS statute bars judicial review of non-constitutional claims.
Pp. 12–18.
(a) Section 1254a(b)(5)(A) provides that “[t]here is no judicial review
of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation,
of a foreign state.” The term “determination” may mean either an individual decision or the process leading to a decision. Under either
understanding, §1254a(b)(5)(A) bars all of respondents’ non-constitutional claims. Further, the phrase “with respect to” “generally has a
broadening effect, ensuring that the scope of a provision covers not
only its subject but also matters relating to that subject.” Patel v. Garland, 596 U. S. 328, 339 (internal quotation marks omitted). Pp. 12–
13.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreifragvqrfnsseonrcnsl6nx32n2tbgdi7a4ugnuyh2h4xggbga3si)
