re: RFK jr bans illegals from whole slew of programs. New HHS guidance

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Guess what won't be there to protect the original policy?

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But Loper wasn't retroactive, so the original policy IS the policy.

Chevron's role was done years ago when the original policy was enacted, and since Loper wasn't retroactive, that deference strengthens the original policy today.

The courts won't get to re-analyze the old policies/regs and remove Chevron's deference from the past in hindsight. That would make Loper retroactive.

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the new policy creates an avenue to collaterally attack the existing policy under the new rules.

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But the new policy will not have agency deference in how the regs are being re-defined now that Chevron isn't around. This is going to make that "collateral attack" much harder.

New regs, new rules (Loper, not Chevron).