Why Are We Defending This?

The federal government agreed with patell and council had to be appointed to take the position of the eleventh circuit correct. But this is absoluute, probably in the last 20 years, three or four times in the emigration world. And so during those times it has happened that the government will actually take the side of the litigant. I do think some members of the conservative wing of the court se to have that argument register with them. It really makes sense to read it in this kind of bifercated manner where nondiscretionary things like law and fact get review, and truly discretionary things don't get review.