When the Supremes bring the Administrative Procedures Act to bear upon the Executive Branch, new winds blow through Ogden. So STJ Diana L. (“Sidewalks of New York”) Leyden wants to hear from IRS about admitting extrarecord documents to the administrative record, and the impact of Loper Bright Enter. v. Raimondo, 603 U. S. _____ (2024), in John Dee, Docket No. 26749-16W, filed 9/9/24.

John was here last month with his expansive motion; see my blogpost “Watching Fewer Sunsets in Ogden,” 8/14/24.

Maybe the Ogden Sunseteers’ clampdown on expanding the admin record unduly cramps STJ Di’s style, when she unpacks whether the OS considered all that IRS did with what John turned up.

If so, is this a new trend in record-rule cases? Of course, Congress slammed the door on administrative record extensions with Section 6015(e)(7) in innocent spousery. Are we likely to see an amendment of like tenor to Section 7623, if STJ Di and the CCAs go full Loper Bright on John (“Hoppin’  John”) Hinman’s outfit?

More and better silt-stirs a-comin’.