ok your reply brief in the say this court should reverse the fifth circuit's holding that the harmless error rule simply does not apply and remand the casee fifth -- so the fifth circuit can apply that o be the government asking us to remand the case. from the podium here you are saying no, we should apply the harmless errorul i don't know what you are asking for. mr. gannon: i wouldn't expect is crt in the normal case to perform the harmless error wh we are saying is that we don't think thers toe a remand to the agency. that is the point -- if you remand to the fifth circuit in order to evaluate whether it is persuaat t task i was discussing with justice kagan is satisfied here come the likelihood of the result would not have been any differt re -- justice jackson: so imum you are saying we can send it to the fifth circuit and have them make it. mr. gannon: if you want to agree with us, i'm not going to t yofrom doing that. if you want to say that since you don'normly analyze that type of question in the first instanceou wt to remand that to the fifth circuit, the is tcorrect the fift

this court should reverse the fifth circuit's outlier decision. i welcome the court's question. justice thomas: in fairness to respondents,nk their argument is that the guidance were actually a moving target. they either were not clear or you changed the guidance as time went on. >> tt their argument, justice thomas, but the point is that they knew from the statute they needed to be mak this comparison about what the ts we with respect to existing smokers and weighin n-smokers.st the costs of they knew f conrned about the fact that flavors are attractive to youth and that is the second column that was going to be probc. they knew therefore that if that was a heig rison that side that they needed to show a heightenedit othe other side. as i s in my introduction, thei applications acknowledged that they were trying to mak the claim. this is clear if youat t application. they are considering the questievalting the role of flavors witect is is their application ---- relevant questions include the impact of flavors on adult smokertrantion or not to e-cigarettes. that isn pa 355 of th

know, conservative anti-immigration advocates within texas and then it's appealed through the fifth circuitalso historically been an unfriendly circuit for the undocumented community. now, with respect to daca, it's going to take the path that it takes to go through the court. however, people with daca should take advantage of advance parole and look for an opportunity to travel to mexico and come back in with a lawful entry and admission. this can provide very important immigration benefits down the road. when it comes to tps, the difference between daca and tps is that tps is technically a lawful status, daca is just a promise that the government is not going to deport you. so with tps, people have an unabridged right to travel. however, those designations, for example, for people from honduras, from haiti, from el salvador, they need to be extended. so one thing the biden administration could do right now is he could try to extend those tps statuses a few years into the future and try to issue some executive order shielding them from future executive action, that--whether or not that cou

the fifth circuit disagreed with.ere just talking about, prescribing mifepristone via telehealth, extending when into a woman's pregnancy, it could be prescribed from seven and a half weeks to ten weeks. they agreed with him there. the fifth circuit is a court that is one of the most conservative in the nation in terms of appeals courts. however, more often than any other circuit in recent memory, at least in the last couple of years, they have been overturned, including, for example, in the mifepristone case where the court said, hey, wait a second. before we even reach the merits, we have to look at whether these plaintiffs actually had an injury that can be redressed through litigation. and they determined these guys, these doctors over here, they don't. so the states are going to take a second whack at it and try and see if they can't curtail mifepristone entirely, at least, can they really roll back its availability, including through prescription over telehealth? >> all right, lisa rubin, thank you very much. >>

the fifth circuit affirmed the ftcc. vertical merger making clr that the deals are not presumed to be benign. a texas court agreed that the ftc was right to assess the cumulativeig impact of private equity rollup creating road map for taking on the acquisitions and courts can be illegal if they undermine competition in labor markets not just if they're bad for consumers. remarkably our 2023 merger guidelines have been cited favorably by over a dozen courts in just a single year. nor these wins just limited to mothering forker law and our case against big pesticide firms we used unique authority prohibiting unfair methods of competition and the court vindicated this approach and court upheld section 5 claim when rejecting amazon's motion to dismiss of farming ftc's argument that the authority can reach a broader range of conduct. we've also gotten key wins in how we use unfairness authority with the court recognizing for the first time ever that even a privacy violation, that privacy violations can injury americans even w

than 30 percent unlawful rejecting or invest the court precedents is no longer valid predict the fifth circuitffirmed the ftc block of vertical merger making good things is not presumed to be benign in a texas court agreed the ftc was right to assess the cumulative impact of private equity role of creating a roadmap for taking on serial acquisitions and most recently, the birth of her video can be legal if they undermine competition in labor markets, not just that for consumers pretty remarkably 2023 mergers guidelines have been decided favorably by over a dozen course just a single here pretty rhythm is just limited to merchant law. in our case against the pesticide firms we used our unique authority prohibiting unfair methods of competition. in the court indicated this more faithful approach of the court similarly upheld the sections and claimant rejecting absence must motion to dismiss from the ftc argument that the authority can range more broad range of product pretty big also fighting key winds and heavy use our authority with the court recognizing for the first time ever, that even a pr

they are now two appeals one the 1eud circuit, one in the fifth circuit. we will ultimately see what happens there. but i think especially after we saw the magnitude of harm thinking through what would it look like for us tackle this purely through adjudication it seems if we have precedent on our side and authority we have an obligation to see if we can get this done. mr. baer: thank you. one thing i have noticed that seems to have changed evolving change as you perhaps accelerate it is what the talent pool is that you recruited into the agency. in my day it was talented lawyers, economists, paralegals out of college but the team looks different now. can you talk about that? comm'r khan: we still have a lot of lawyers, economists and very lucky to have a very talented pool of people especially given that these are career civil servants who could be making multiples of their salary in the private sector. you are right we have expanded teams, brought in different types of specialties within the economics bureau including thinking more about labor economists

only hearing 50 cases a year, particularly probably a fifth of those cases are cases from the fifth circuit that the court has to correct, which is a further point to the fact that this is a court that while it is certainly a conservative court, it is certainly the most conservative court of my lifetime. i would argue it's really the first time we've had a center right court in decades, that is to say, a court that is arguably to the right of the median voter on most issues, and that's new and that's controversial and a lot of people don't like it. and a lot of people have criticized the court for that basis. but we should not confuse that ideological or political disagreement with the balance of the court, with a critique whether the court is performing the function it is supposed to form perform within our system government. and i think too often our discussions about the judiciary, we conflate those two things and i think a lot of the attacks. the court are motivated frankly by a dislike of the direction court is moving right. that the folks that that complained about overturning roe did

the fifth circuit has one of the most conservative benches and one of the most conservative judges. james ho has written law review articles on how birthright citizenship is guaranteed in the constitution. you would need a constitutional amendment. and what's remarkable about the executive order, that's actually quite surprising is it does not just try to deny citizenship to people who are born here, to immigrants who are undocumented or unauthorized. it actually says as well that it would apply to children who are born to legally present migrants, but they're only legally present on a temporary visa. so imagine somebody who's on a long term visa. they're the chair of a medical department at a university, and they have a child. it's impossible for me to think that that's going to be upheld in the courts. and i think in some regards, maybe they're trying such an extreme position that they hope the judges or the justices, ultimately, the supreme court will adopt a compromise position, but this one is really a loser for them, even to the idea that they would roll this out on the first

he said when, you think john is one of the great judges in in the fifth circuit who's integrated the south? and he says, you write an opinion and it says how really terrible your colleagues are. and this is the worst thing ever. and it's going to wreck the whole when you finish writing that opinion, read it, tear it up, throw it in the basket and sit down and write a judicial opinion and that's that's what i do. and i write it. if i'm really annoyed, i will try to write it in a way that even a child of two would say, i must be right. and the others, they're laughing. and see, that's the object. okay. and so there's the book and a child of three might find it interesting, too. but i want to say, you can't those promises and even if no one reads this book, i sometimes in writing it, i don't know how many of you know i've the book of kels the book kels it's a beautiful book. it's in the trinity college library in dublin. it was written by monks on the of iona in the ninth century and they wrote it some illustrated biblical striations just, beautiful and some believe they wrote it becaus

the fifth circuit issued what i think is an outlier opinion that said that it is violates the federal statute, called for states to count ballots that are cast before the election. but arrive and are therefore opened after the election on the basis that election day is tuesday. and so that's a live issue going forward. big push in two states on overseas. voters presumed play a political calculation. they were more likely to be democratic. but in both pennsylvania, north carolina, there are challenges to oversee voter registration and there's a federal statute that's in place. so that'll still be there. there is is coming out of this an independent state legislature case, i think brought only to bring the issue back to the supreme court. and that's out of pennsylvania, where the pennsylvania state supreme court said that the constitution allowed something called the carrying of ballots when absentee ballots are received, they could notify voters there appeared to be a problem with their ballot and the voters could come in and correct it. and the republican party committee sued saying t

you have the fifth circuit ruling against the daca program again, but limiting and pausing its ruling now. and it presents a question to kristi noem that i hope will be asked of her, which is will you continue to process daca renewals so long as this is pending appeal? because the point of all of this, whether it's the vaccines, whether it's the daca programs, real people's lives hang in the balance. real people are relying on their government to keep them safe. and that need remains even as governments transition. >> i'll i'll stay with the pivot back to immigration. >> eric adams is at mar-a-lago today. i haven't seen a readout. i'll ask vaughn to jump in if he has. >> but your thoughts about what and why he's there. >> he texted me last night, said he was going. i told him that i was adamantly opposed to this president. he says i'm going to talk about resources needed in new york. and i told him, i said, it's going to be interpreted many ways differently. i am against this president. i wouldn't trust him. and to go on martin luther king weekend with a guy that says, i'm going to si