… there is a difference from the Department of Commerce case between whether the record evidence supports the conclusion and whether the decision is, is motivated by some impermissible criteria. And In Department of Commerce, obviously, the record evidence did support the conclusion, but nonetheless, the decision was based on a, you know, contrived reason. That is the reason why we think pretext claims are reviewable. But it doesn't matter because the first two claims are, are much more canonically sort of old, you know, older than Sec. V. (01:25–01:33)
CLAIM
Asserts that in the Department of Commerce case, the decision was based on a contrived reason despite evidence support.
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