Do you think we can read B5A at least to say we're ruling out APA review here? Your Honor, I don't want to belabor that point because our brief addresses it at great length in our view that There is a difference from the Department of Commerce case between whether the record evidence supports the conclusion and whether the decision 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. (01:08–01:26)
CLAIM
Asserts a distinction in the Department of Commerce case between evidence support and decision motivation.
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