`Oral Argument November 3, 2021
`No. 21-5028
`United States Court of Appeals
`for the
`
`District of Columbia CircuitWashington Alliance of Technology Workers,
`
`Appellant,
`v.
`United States Department of Homeland Security, et al.,
`Appellees.
`
`On appeal from an order entered in the
`United States District Court for the District of Columbia
`No. 1:16−cv−01170−RBW
`The Hon. Reggie Walton
`Notice of Supplemental Authority
`
`
`
`June 30, 2022
`
`Immigration Reform
`Law Institute
`Attorneys for the Appellant
`25 Massachusetts Ave. N.W.
`Suite 335
`Washington D.C. 20001
`(202) 232-5590
`
`
`
`USCA Case #21-5028 Document #1953014 Filed: 06/30/2022 Page 2 of 4
`1
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`Pursuant to Rule 28(j) of the Federal Rules of Appellate Proce-
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`dure, the Washington Alliance of Technology Workers submits
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`this notice of supplementary authority.
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`Today the United States Supreme Court released its opinion
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`in West Virginia v. EPA, slip op., 597 U.S. ____ (2022). In West
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`Virginia, the Court affirmed the major questions doctrine. Id.
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`at 16–19. Under the major questions doctrine, Congress must
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`make a “clear statement” in order for an agency to regulate
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`a fundamental sector of the economy. Id. at 12; see also Gor-
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`such, J. (concurring) at 9–11 (identifying circumstance where
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`the Court applies the major questions doctrine). Applying the
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`major questions doctrine, the Court rejected the EPA’s claim
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`of vast authority flowing from an “ancillary” provision. Id. at
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`6, 16–19. Justice Gorsuch also noted that the Court routinely
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`adopts narrow interpretations of statutes to avoid finding del-
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`egations of power to agencies unconstitutional under the non-
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`delegation doctrine. Gorsuch, J. (concurring) at 7–8.
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`This case is relevant because Washtech has argued that a
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`definitional provision (8 U.S.C. § 1324a(h)(3)), limited in scope
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`to its own section, cannot confer on the Department of Home-
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`land Security the vast authority to permit any class of aliens to
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`engage in employment through regulation and allow the agency
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`to create the largest guestworker program in the entire im-
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`
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`USCA Case #21-5028 Document #1953014 Filed: 06/30/2022 Page 3 of 4
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`migration system entirely through regulation. Op. Br. 28–30.
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`The case is also relevant because Washtech has argued that
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`8 U.S.C. § 1324a(h)(3) should not be interpreted so broadly as
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`to make it unconstitutional under the nondelegation doctrine.
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`Op. Br. 30–32.
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`
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`Respectfully submitted,
`Dated: June 30, 2022
`
`John M. Miano
`D.C. Bar No. 1003068
`Attorney of Record for
`Washington Alliance of
`Technology Workers
`(908) 273-9207
`miano@colosseumbuilders.com
`
`
`
`USCA Case #21-5028 Document #1953014 Filed: 06/30/2022 Page 4 of 4
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`CertifiCAte of ServiCe
`I certify that on June 30, 2022 I filed Appellant’s Notice of Sup-
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`plemental Authority with the ECF system that will provide no-
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`tice and copies to the parties’ counsel of record.
`
`John M. Miano
`D.C. Bar No. 1003068
`(908) 273-9207
`miano@colosseumbuilders.com
`
`