Judge O’Malley and the Chenery Doctrine

Judge O’Malley penned a dissent last week while sitting by designation with the 9th Circuit.  The dissent might be of interest to some as it concerns agency action and the Chenery Doctrine.

You can read her dissent in ALTERA CORPORATION & SUBSIDIARIES v. COMMISSIONER OF INTERNAL REVENUE, No. 16-70496 (9th Cir. July 24, 2018) [here].

You can watch the video of the oral argument [here].

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