the judge was dismissive. “That’s a policy argument,” he stated. “The fact that the thing you’re doing has good effect doesn’t mean that the thing is lawful.”
Wow, I really love this line. Good job judge for taking a hard look at this.
Nice to see a judge call federal regulators on shenanigans for a change.
It’s quite a common occurrence for a judge to question council about where they are getting their information from and how they’re interpreting it. If you listen to City of Phoenix, Arizona v. Michael Huerta on
https://www.cadc.uscourts.gov/recordings/recordings.nsf/DocsByRDate?OpenView&count=100 the judge poses many questions for the FAA council.