Politics
Stephen Miller, Channeling Trump, Has Built More Power Than Ever
When Stephen Miller met with Mark Zuckerberg at Mar-a-Lago late last year, the 39-year-old Trump adviser was in a position of power that would have been unimaginable a decade ago.
Back then, Mr. Miller was a mere Senate staffer railing about the evils of immigration. Now he was holding forth on U.S. policy with the billionaire chief executive of Meta, a man he had vilified for years as a globalist bent on destroying the nation.
The scale had flipped.
Mr. Miller told Mr. Zuckerberg that he had an opportunity to help reform America, but it would be on President-elect Donald J. Trump’s terms. He made clear that Mr. Trump would crack down on immigration and go to war against the diversity, equity and inclusion, or D.E.I., culture that had been embraced by Meta and much of corporate America in recent years.
Mr. Zuckerberg was amenable. He signaled to Mr. Miller and his colleagues, including other senior Trump advisers, that he would do nothing to obstruct the Trump agenda, according to three people with knowledge of the meeting, who asked for anonymity to discuss a private conversation. Mr. Zuckerberg said he would instead focus solely on building tech products.
Mr. Zuckerberg blamed his former chief operating officer, Sheryl Sandberg, for an inclusivity initiative at Facebook that encouraged employees’ self-expression in the workplace, according to one of the people with knowledge of the meeting. He said new guidelines and a series of layoffs amounted to a reset and that more changes were coming.
Earlier this month, Mr. Zuckerberg’s political lieutenants previewed the changes to Mr. Miller in a private briefing. And on Jan. 10, Mr. Zuckerberg made them official: Meta would abolish its D.E.I. policy.
The meeting at Mar-a-Lago on Nov. 27 represented more than just another tech billionaire bending the knee to Mr. Trump. It vividly demonstrated the power and influence of Mr. Miller, who in less than a decade has risen from an anti-immigrant agitator on Capitol Hill to one of the most powerful unelected people in America.
Officials from Meta declined to comment, as did Mr. Miller. A Trump transition spokeswoman declined to address a majority of the reporting.
Mr. Miller was influential in Mr. Trump’s first term but stands to be exponentially more so this time. He holds the positions of deputy chief of staff, with oversight of domestic policy, and homeland security adviser, which gives him range to coordinate among cabinet agencies. He will be a key legislative strategist and is expected to play an important role in crafting Mr. Trump’s speeches, as he has done since he joined the first Trump campaign in 2016.
Most significantly, Mr. Miller will be in charge of Mr. Trump’s signature issue and the one that Mr. Miller has been fixated on since childhood: immigration. And he has been working, in secrecy, to oversee the team drafting the dozens of executive orders that Mr. Trump will sign after he takes office on Jan. 20.
“I call Stephen ‘Trump’s brain,’” said Kevin McCarthy, the former House speaker who credited Mr. Miller — a private citizen at the time — with helping to rally Republican lawmakers to insert a sweeping border crackdown into a spending bill in 2023.
In the four years since Mr. Trump has been out of office, Mr. Miller has spent more time than any close Trump adviser mapping out a second-term playbook. He expanded on the hard-line first-term immigration policies; he deepened his relationships with House members, senators and influential right-wing media figures; he built a nationwide donor network to fund a nonprofit that he used as an additional tool of influence; and he quietly cultivated a relationship with the richest man in the world, Elon Musk.
Mr. Miller will re-enter government with even more trust and credibility with the president, fewer internal rivals and a more expansive team reporting to him.
Those who dealt with — and often dismissed — Mr. Miller a decade ago when he was a young Senate staffer, emailing reporters late at night on behalf of Senator Jeff Sessions of Alabama, with lurid stories about immigrants committing crimes, can hardly believe the scope of his power.
Taking Charge
After Mr. Trump won the election in November, Mr. Miller moved his family down to Palm Beach, Fla., and took a major role in the transition.
People briefed on the executive orders that his team is drafting say they include an attempt to end birthright citizenship; a designation of drug cartels as foreign terrorist organizations; and a reinstatement of Title 42, which allows the United States to seal the border with Mexico if there is a public health threat. (Mr. Trump’s advisers have spent months trying to identify a disease that will help them build a case for Title 42, since there is no such emergency at the moment.)
It will be up to Mr. Trump to decide which orders to issue, but Mr. Miller is focused on immigration. The homeland security adviser’s other responsibilities include dealing with natural disasters like the one raging in California, his home state. (The fires destroyed Mr. Miller’s parents’ home, people close to him said.) Mr. Miller is expected to shift some of his portfolio to the national security adviser.
As he works out his priorities, Mr. Miller appears to have learned two key lessons from the first Trump term.
The first is to flood the zone. He believes that those he regards as Mr. Trump’s enemies — Democrats, the media, groups like the American Civil Liberties Union and portions of the federal bureaucracy — are depleted and only have so much bandwidth for outrage and opposition. Mr. Miller has told people that the goal is to overwhelm them with a blitz of activity.
The second lesson has been to operate with as much secrecy as possible to prevent anyone from finding ways to obstruct the Trump agenda. As a congressional staffer, Mr. Miller was freewheeling in his digital communications. But since working for Mr. Trump, who doesn’t use email and regards people who take notes with suspicion, he puts almost nothing in writing. Instead, he works through emissaries.
The protectiveness around the executive orders is particularly notable. An incoming administration would usually send the drafts to the Justice Department’s Office of Legal Counsel, where a career lawyer — walled off from the outgoing administration’s political appointees — reviews them for form and legality and suggests improvements. For the most part, Mr. Trump’s first transition is said to have followed that practice.
But Mr. Miller is using a team of lawyers from outside the Justice Department to vet the orders, a person with knowledge of the situation said — a sign of Trump aides’ general distrust of the Justice Department, which brought three special counsel investigations into Mr. Trump and twice indicted him.
In the meantime, Mr. Miller is trying to eliminate any roadblocks to Mr. Trump’s immigration plans. Mass deportations will require arrangements with other countries to take in the migrants; to that end, Mr. Miller lobbied for his ally, the former ambassador to Mexico, Christopher Landau, to be chosen as deputy secretary of state under Marco Rubio, the Florida senator whom Mr. Trump has chosen to lead the agency.
Knowing the White House will need billions in congressional appropriations for the biggest deportation operation in American history — which he’s previously said will include sweeping raids and use of the U.S. military to build massive camps to detain the migrants — Mr. Miller has spent the past four years building relationships with lawmakers.
It appears to have paid off.
When Mike Johnson addressed the House Republican conference after securing the speakership, he made a point of singling out Mr. Miller for praise. Senator Jim Banks of Indiana, a former House member, said he talked to Mr. Miller nearly every day for the four years that Mr. Trump was out of the White House. And Senator Mike Lee of Utah said there had been many times he pondered a new policy, when “all of a sudden a thought will occur to me: I wonder what Stephen Miller thinks of this one.”
The Long Game
The last time Mr. Miller participated in a Trump transition, after the surprise victory of 2016, he was fairly low in the Washington power structure.
He had become a minor celebrity on the right in 2006 for vocally defending a group of Duke University lacrosse players who had been accused — falsely, it later became clear — of rape. But he was best known to insiders as the scrappy congressional staffer for Mr. Sessions. Much of Washington’s establishment regarded Mr. Miller as a racist, and as an irritant, mocking his over-the-top pronouncements and skinny ties.
He joined the Trump campaign part time in late 2015 and full time in early 2016, one of a handful of original aides on a small team. He worked like a man possessed, staying up all night to write Mr. Trump’s speeches, a task assigned to him by Mr. Trump’s son-in-law Jared Kushner. He channeled Mr. Trump’s voice better than any other adviser.
But he entered the executive branch knowing little about how it worked, and it showed. The travel ban executive order against mostly Muslim-majority countries, crafted in secret by an ally of Mr. Miller’s amid concern some Trump appointees would try to stop it, was criticized as sloppily drafted and was initially blocked by the courts.
Mr. Miller mostly stayed out of the factional warfare that defined the early years of Mr. Trump’s first term. He was friendly with the more moderate West Wing camp — people like Mr. Kushner and Hope Hicks — and with those on the sharp edge of Mr. Trump’s movement.
People who have worked closely with Mr. Miller say they cannot recall him ever expending his political capital on an ally who fell out of favor with Mr. Trump. When Mr. Sessions, his former boss who was now attorney general, became persona non grata with Mr. Trump over the Russia investigations, Mr. Miller made it clear that his allegiance was to the president.
His strategy paid off. He survived. And his vision for immigration — including deeply restrictive and xenophobic policies — are now at the center of Mr. Trump’s economic and cultural agenda.
Unlike many others, he stuck with Mr. Trump after the violence of Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol. He remained a paid adviser and a frequent Fox News presence promoting the Trump agenda, and made an early public endorsement of Mr. Trump’s 2024 presidential campaign at a time when many Republicans wanted to move on.
Mr. Miller, who comes from a wealthy family, did something else that Mr. Trump appreciated: He did not try to leverage his Trump ties into lucrative consulting contracts. The compensation he drew from his nonprofit, the America First Legal Foundation, in 2023 — $266,000 — was far less than what he could have earned working as a political gun for hire.
“Some people in Trump’s world have been there for career advantage or transactional reasons,” said Charlie Kirk, the conservative activist who is close to both Mr. Trump and Mr. Miller. “But Stephen believes in the president’s agenda deeply.”
He plays the long game on relationships, scouting people who may be influential several years in the future. He built a relationship with JD Vance ahead of his successful Ohio Senate primary, years before he would become Mr. Trump’s running mate.
He also can be a political shape-shifter when it’s expedient for him.
His long-term demonization of “radical Islam” went relatively quiet at moments during the 2024 presidential race, as he encouraged the Trump campaign to issue inviting statements to Muslims in Michigan — part of a strategy to exploit Muslims’ anger over the Biden administration’s support for Israel, according to three people with direct knowledge.
Mr. Miller is generally well-liked on the Trump staff, though he is regarded as unusually intense and has been known to berate government officials he deemed obstructive. He has strongly held opinions about even minor matters, like men’s fashion. Specifically: fabrics, patterns, colors and collars.
He never argues with Mr. Trump, certainly never in front of others. Once it’s clear to him that Mr. Trump is headed in a certain direction, he sets aside his reservations.
In recent weeks, according to multiple people with direct knowledge, Mr. Miller has done little, if anything, to try to talk Mr. Trump out of his support for H-1B visas to import high-skilled foreign workers — despite the fact that Mr. Miller has spent much of his career condemning such visas.
Another recent example: Mr. Miller was initially surprised that Kristi Noem, the South Dakota governor, was chosen by Mr. Trump for secretary of the Department of Homeland Security. Mr. Miller had wanted Thomas D. Homan, whom Mr. Trump had picked as his border czar, for the D.H.S. role, according to two people who spoke to him at the time. But when it was clear Mr. Trump was set on the idea, he did not try to dissuade him.
“He has the president’s complete trust,” said Mr. McCarthy. “Trump’s complained about everyone. Never him.”
Mr. Trump may not complain about Mr. Miller, but he does occasionally poke at his obsession with immigrants — a hostility that goes far beyond Mr. Trump’s. In one meeting during the 2024 campaign, Mr. Trump said that if it was up to Mr. Miller there would be only 100 million people in this country, and they would all look like Mr. Miller, according to a person with knowledge of the comment. Karoline Leavitt, Mr. Trump’s spokeswoman, denied the account.
The Outside-In Strategy
Since he was a high schooler in Santa Monica, Calif., obsessed with Rush Limbaugh, Mr. Miller has cultivated right-wing media personalities. He is close to Tucker Carlson and Fox News’s Laura Ingraham, but he also follows the new wave of podcasters and comedians.
Mr. Miller has told friends how pleased he is that the Trump movement has shifted the cultural dial on his favored policies. Prominent Democrats have scrambled to rebrand themselves as tough on immigration, and officials such as New York City’s mayor, Eric Adams, have welcomed tighter restrictions after an influx of migrants in their cities.
Mr. Miller has spent much of the past four years figuring out how to build pressure from outside of government to help enact Mr. Trump’s agenda.
Less than a month after Mr. Trump left office, he founded the America First Legal Foundation, a nonprofit “public interest law firm.” Mr. Miller, who is not a lawyer himself, cast the group as a conservative answer to the American Civil Liberties Union, helping the little guy fight big government or big tech.
His group quickly became a fund-raising powerhouse, raising $44 million in 2022.
Mr. Miller’s group used some of that money on legal work. It filed more than 100 lawsuits, legal briefs and other actions, and helped block a Biden administration plan to offer debt relief to Black farmers, which Mr. Miller’s group said was discriminatory.
But it spent far more on advertising: $32 million, which was nearly 70 percent of its total spending. Some of those ads seemed designed to damage Democrats in the run-up to elections. In 2022, for instance, the group paid for ads in swing states that accused the Biden administration of “anti-white bigotry.”
Now, as Mr. Trump returns to the White House, the America First Legal Foundation wants to serve as an attack dog for the Trump administration. In December, the group sent letters to 249 city and state officials in “sanctuary” jurisdictions that have said they will not cooperate with federal immigration authorities to help them arrest immigrants. If these officials do not participate in Mr. Trump’s crackdown, Mr. Miller’s group said, the local officials could be considered to be illegally “harboring” undocumented immigrants.
Experts said it would be difficult for the group to actually sue local officials, but, as before, Mr. Miller’s group is contemplating a campaign outside the courtroom. It filed public-records requests with 17 states and cities, seeking evidence that they were preparing to defy Mr. Trump’s crackdown. And it set up a website called “Sanctuary Strongholds,” designed to direct public pressure against state and local officials.
Key to some of those outside efforts will be one of the relationships Mr. Miller has established in the last few years — an alliance almost as valuable as his one with Mr. Trump. Mr. Miller found common cause with Mr. Musk, who had begun describing undocumented immigrants as a threat to Western civilization. Mr. Miller’s wife, Katie, is also working with Mr. Musk, at his so-called Department of Government Efficiency.
Mr. Miller began advising Mr. Musk on his political donations, which were at the time a closely held secret, according to two people with knowledge of the matter. A nonprofit called Citizens for Sanity, which tax filings show is closely tied to Mr. Miller’s group, raised $94 million in 2022 and paid for ads that attacked Democrats’ policies on transgender youth. The Wall Street Journal reported that $50 million of the donations to Citizens for Sanity that year came from an outside group that Mr. Musk had been donating to. The America First Legal Foundation and Citizens for Sanity did not respond to questions sent by The New York Times.
Mr. Miller is also secretive about his relationship with Mr. Musk. But one person willing to discuss it on condition of anonymity said Mr. Musk had once told him: “I want doers. And most of these people in government, that’s not how they are.”
The person recalled that Mr. Musk allowed for one exception: “But Stephen Miller — I love Stephen Miller. He’s a doer.”
Annie Karni contributed reporting from Washington.
Politics
Rubio targets Nicaraguan official over alleged torture tied to ‘brutal’ Ortega regime
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Secretary of State Marco Rubio announced Saturday that the Trump administration is sanctioning a senior Nicaraguan official over alleged human rights violations.
Rubio said the U.S. is designating Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in “gross violations of human rights” under the government of President Daniel Ortega and Vice President Rosario Murillo, marking what he said was the latest effort to hold the regime accountable.
“The Trump administration continues to hold the Murillo-Ortega dictatorship accountable for brutal human rights violations against Nicaraguans,” Rubio said in a post on X. “I’m designating Nicaraguan Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in human rights violations.”
RUBIO TESTIFIES IN TRIAL OF EX-FLORIDA CONGRESSMAN ALLEGEDLY HIRED BY MADURO GOVERNMENT TO LOBBY FOR VENEZUELA
Secretary of State Marco Rubio speaks at the State Department, April 14, 2026. The U.S. announced sanctions on a Nicaraguan official tied to alleged human rights abuses under the Ortega-Murillo government. (Andrew Harnik/Getty Images)
The designation was made under Section 7031(c), which allows the State Department to bar foreign officials and their immediate family members from entering the United States due to involvement in significant corruption or human rights abuses.
The State Department has said the Ortega-Murillo government has engaged in arbitrary arrests, torture and extrajudicial killings following mass protests that began in April 2018.
“Nearly eight years ago, the Rosario Murillo and Daniel Ortega dictatorship unleashed a brutal wave of repression against Nicaraguans who courageously stood against the regime’s increased tyranny, corruption, and abuse,” the statement reads.
The State Department said that the sanction marked the anniversary of the 2018 protests, after which more than 325 protesters were murdered in the aftermath.
A panel of U.N.-backed human rights experts previously accused Nicaragua’s government of systematic abuses “tantamount to crimes against humanity,” following an investigation into the country’s crackdown on political dissent, according to The Associated Press.
The experts said the repression intensified after mass protests in 2018 and has since expanded across large parts of society, targeting perceived opponents of the government.
TRUMP ADMIN ANNOUNCES EXPANSION OF VISA RESTRICTION POLICY IN WESTERN HEMISPHERE
Nicaragua President Daniel Ortega delivers a speech during a ceremony to mark the 199th Independence Day anniversary, in Managua, Nicaragua Sept. 15, 2020. (Nicaragua’s Presidency/Cesar Perez/Handout via Reuters)
Nicaragua’s government has rejected those findings.
The designation follows a series of recent U.S. actions targeting the Ortega-Murillo government. In February, the State Department sanctioned five senior Nicaraguan officials tied to repression, citing arbitrary detention, torture, killings and the targeting of clergy, media and civil society.
Earlier this week, the department also announced sanctions on individuals and companies linked to Nicaragua’s gold sector, including two of Ortega and Murillo’s sons, accusing the regime of using the industry to generate foreign currency, launder assets and consolidate power within the ruling family.
The State Department said the move is part of ongoing efforts to hold the Nicaraguan government accountable for its actions.
Fox News Digital reached out to the Nicaraguan government and its embassy in Washington for comment but did not immediately receive a response.
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A man waves a Nicaraguan flag during a demonstration to commemorate Nicaragua’s national Day of Peace, which is celebrated in the country on April 19, and to protest against the government of Nicaraguan President Daniel Ortega in San Jose, Costa Rica on April 16, 2023. (Jose Cordero/AFP)
The Trump administration has taken an increasingly aggressive posture in the Western Hemisphere in recent months, including a Jan. 3, 2026, operation that resulted in the capture of Venezuelan leader Nicolás Maduro and his wife, Cilia Flores.
The U.S. has also carried out a series of strikes targeting suspected drug-trafficking vessels in the region, part of a broader crackdown tied to regional security and narcotics enforcement efforts.
Politics
Outlines of a deal emerge with major concessions to Iran
WASHINGTON — Upbeat claims from President Trump over an imminent peace deal to end the war with Iran were met with deep skepticism Friday across the Middle East, where Iranian and Israeli officials questioned the prospects for a lasting agreement that would satisfy all parties.
The outlines of an agreement began to emerge that would provide Iran with a major strategic victory — and a potential financial windfall — allowing the Islamic Republic to leverage its control over the Strait of Hormuz to exact significant concessions from the United States and its ally Israel as Trump presses for a swift end to the conflict.
In a series of social media posts and interviews with reporters, Trump announced that the strait was “fully open,” vowing Tehran would never again attempt to control it. But Iranian officials and state media said that conditions remained on passage through the waterway, including the imposition of tolls and coordination with the Islamic Revolutionary Guard Corps.
Iranian diplomats posted threats that its closure could resume at any time of their choosing, and warned that restrictions would return unless the United States agreed to lift a blockade of its ports. Trump had said Friday that the blockade would remain in place.
“The conditional and limited reopening of a portion of the Strait of Hormuz is solely an Iranian initiative, one that creates responsibility and serves to test the firm commitments of the opposing side,” said a top aide to Iran’s president, dismissing Trump’s statements on the contours of a deal as “baseless.”
“If they renege on their promises,” he added, “they will face dire consequences.”
In an overture to Iran, Trump said Israel would be “prohibited” from conducting additional military strikes in Lebanon, where the Israeli government of Prime Minister Benjamin Netanyahu seeks to prevent Hezbollah, an Iranian proxy militia, from rearming, a potential threat to communities in the Israeli north.
But in a speech delivered in Hebrew, Netanyahu would say only that Israel had agreed to a temporary ceasefire, while members of his Cabinet warned that Israel Defense Forces operations in southern Lebanon were not yet finished. A top ally of the prime minister at a right-wing Israeli news outlet warned that Trump was “surrendering” to Iran in the talks.
It was a day of public messaging from a president eager to end a war that has proved historically unpopular with the American public, and has driven a rise in gas prices that could weigh on his party entering this year’s midterm elections.
Yet, Republican allies of the president have begun warning him that an agreement skewed heavily in Tehran’s favor could carry political costs of its own.
Trump was forced to deny an Axios report Friday that his negotiating team had offered to release $20 billion in frozen Iranian assets in exchange for Tehran agreeing to hand over its fissile material, buried under rubble from a U.S. bombing raid last year.
That sum would amount to more than 10 times what President Obama released to Iran under a 2015 nuclear deal, called the Joint Comprehensive Plan of Action, that was the subject of fierce Republican criticism in the decade since.
“I have every confidence that President Trump will not allow Iran to be enriched by tens of billions of dollars for holding the world hostage and creating mayhem in the region,” said Sen. Lindsey Graham (R-S.C.), a strong supporter of the war. “No JCPOAs on President Trump’s watch.”
Still, Trump said in a round of interviews that a deal could be reached in a matter of days, ending less than two weeks of negotiations.
He claimed that Tehran had agreed to permanently end its enrichment of uranium — a development that, if true, would mark a dramatic reversal for the Islamic Republic from decades developing its nuclear program, and from just 10 days ago, when Iranian diplomats rejected a U.S. proposal of a 20-year pause on domestic enrichment in favor of a five-year moratorium.
He said Iran had agreed never to build nuclear weapons — a pledge Tehran has made repeatedly, including under the Nuclear Nonproliferation Treaty, in a religious decree from then-Supreme Leader Ayatollah Ali Khamenei, and in the 2015 agreement — while continuing nuclear activities viewed by the international community as exceeding civilian needs.
And he repeatedly stated that Iran had agreed to the removal of its enriched uranium from the country, either to the United States or to a third party. Iranian state media stated Friday afternoon that a proposal to remove the country’s highly enriched uranium had been “rejected.”
Iran’s agreement to allow safe passage for commercial vessels through the Strait of Hormuz is linked to a ceasefire in Lebanon that the Israeli Cabinet approved for only a 10-day period. Regardless of whether it holds or is extended, Israeli officials said their military would not retreat from its current positions in southern Lebanon — opening up Israeli forces to potential attack by Hezbollah militants unbound by a truce brokered by the Lebanese government.
The Lebanese people, Hezbollah officials said, have “the right to resist” Israeli occupation of their land. Whether the fighting resumes, the group added, “will be determined based on how developments unfold.”
An Iranian official threw cold water on the prospects of reaching a comprehensive peace deal in the coming days, telling Reuters that a temporary extension of the current ceasefire, set to expire Tuesday, would “create space for more talks on lifting sanctions on Iran and securing compensation for war damages.”
“In exchange, Iran will provide assurances to the international community about the peaceful nature of its nuclear program,” the official said, adding that “any other narrative about the ongoing talks is a misrepresentation of the situation.”
Trump told reporters Friday that the talks will continue through the weekend.
While Trump claimed there aren’t “too many significant differences” remaining, he said the United States would continue the blockade until negotiations are finalized and formalized.
“When the agreement is signed, the blockade ends,” the president told reporters in Phoenix.
Times staff writer Ana Ceballos contributed to this report.
Politics
Read the Supreme Court’s Shadow Papers
CHAMBERS OF
JUSTICE ELENA KAGAN
Supreme Court of the United States Washington, D. C. 20343
February 7, 2016
Memorandum to the Conference
Re: 15A773 West Virginia, et al. v. EPA, et al.
15A776 Basin Elec. Power Cooperative, et al. v. EPA, et al. 15A787 Chamber of Commerce, et al. v. EPA, et al.
15A778 Murray Energy Corp., et al. v. EPA, et al.
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15A793 North Dakota v. EPA, et al.
I agree with Steve that we should direct the States to seek an extension from the EPA before asking this Court to intervene. We could also include, at the end of such an order, language along the lines of the following, to encourage the D. C. Circuit to act expeditiously in its resolution of this matter: “In light of that court’s agreement to consider this case on an expedited schedule, we are confident that it will [or even: we urge it to] render a decision with appropriate dispatch.” See Doe v. Gonzales, 546 U. S. 1301, 1308 (2005) (GINSBURG, J., in chambers); Kemp v. Smith, 463 U. S. 1344, 1345 (1983) (Powell, J., in chambers); Holtzman v. Schlesinger, 414 U. S. 1304, 1305, n. 2 (1973) (Marshall, J., in chambers).
The unique nature of the relief sought in these applications gives me real pause. The applicants ask us to enjoin a regulation pending initial review in the court of appeals. As we often say, “we are a court of review, not of first view.” See Cutter v. Wilkinson, 544 U. S. 709, 718 n. 7 (2005); cf. Doe, 546 U. S., at 1308 (“Re- spect for the assessment of the Court of Appeals is especially warranted when that court is proceeding to adjudication on the merits with due expedition.”). As far as I can tell, it would be unprecedented for us to second-guess the D. C. Circuit’s deci sion that a stay is not warranted, without the benefit of full briefing or a prior judi- cial decision.
On the merits, this is a difficult case involving a complex statutory and regu- latory regime. Although the parties’ abbreviated discussion of the issues at stake here makes it difficult for me to determine with any confidence which side is likely to ultimately prevail, it seems to me that at this stage the government has the bet- ter of the arguments. The Chief’s memo focuses on the applicants’ argument that the “best system of emission reduction” refers “solely [to] installation of control technologies (e.g., scrubbers).” 2/5 Memo, at 2. The ordinary meaning of “system” is in fact quite broad, appearing to encompass what EPA has done here. Of course, we would want to consider this term in the larger context of the Clean Air Act’s regula-
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