[rayiner]

The APA doesn’t apply to this—issuing visas as a discretionary function of the executive, and thus unreviewable under section 701(a)(2). Where am I being inconsistent?

Have any of the challenges to the administration prevailed on APA grounds in an appellate court?

[_DeadFred_]

"In an appellate court" doing a lot of heavy lifting for you, isn't it? How many APA cases has this administration lost in district courts?

[rayiner]

Lawyers rely on appellate court decisions to understand what the law actually is or isn’t. District court orders granting TROs don’t even include meaningful legal reasoning. Lots of these are being overturned. E.g. https://www.npr.org/2025/05/22/nx-s1-5407923/voa-voice-of-am....

The Supreme Court stands ready to overturn Humphreys Executor. https://www.msnbc.com/deadline-white-house/deadline-legal-bl.... The prospect of the Supreme Court upholding using the APA to challenge direct presidential action is nil. Courts aren’t empowered to micromanage discretionary presidential actions.

The cases where appellate courts have upheld injunctions against the administration have been mainly on due process and first amendment groups. Courts are empowered to protect individual rights from executive action.