Comment: I would LOVE to be wrong about this ...

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In post: Common Law

I would LOVE to be wrong about this ...

... and if I am, then BE SPECIFIC.

As I read 706, it looks like if anything, it says the OPPOSITE of what Carl Miller claims. It says a judge DECIDES jurisdiction, not that he loses it.

"... the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—

"(2) hold unlawful and set aside agency action, findings, and conclusions found to be—

"(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;"

See? It says the COURT is the one to throw out an AGENCY ruling if the agency has overstepped its bounds regarding jurisdiction.

It just does not say what Carl Miller claims it does.

I REALLY wish Carl was right about this; but, he is not.