Good morning. Welcome. Please be seated. We will begin by hearing argument in the two cases that are on that we will hear simultaneously, state of new york et al. Versus United States department of justice and make the road new york versus kuchali. May it please the cord, jerry sinzdak appearing on behalf of the United States. Good morning. Good morning. The District Courts injunctions are flawed in several respects and should be set aside. As a threshold matter plaintiffs have failed to assert recognizable injury and they seek to promote an interest that is diametrically opposed to the purpose of the public charge statute. It therefore lacks standing. On the merits as the District Court found im sorry, as the ninth circuit found the rule easily is a reasonable interpretation of the public charge provision. Congress made clear in 1996 that it sought to ensure that aliens admitted to the country do not rely on Public Benefits but didnt it do that by making them ineligible for the most p
Test captions Copyright National cable satellite corp. 2008 i did want to make that distinction, thats one point. Yes. And making a second point you think at least that in the context of the whole sweep of history, et cetera, Congress Decision not to do this lends some further support to the idea of application of the settled interpretation. Thats absolutely right. Not to draw those infrensz. I will further add to that, at that 96 point, there was also congress was making these choices at a time when there was over 100 years of established meaning and it was aware of that meaning, we know that from the 1952 legislative history and there was so much law on this, including the 99 guidance or not the 99 guidance, but including the a. G. Decisions that congress was adopting the established meaning of public charge, yet again, while making these other affirmative choices about what to do. The next thing is, the 1999 guidance comes out and for two administrations of two parties nobody says,
Test captions Copyright National cable satellite corp. 2008 i did want to make that distinction, thats one point. Yes. And making a second point you think at least that in the context of the whole sweep of history, et cetera, Congress Decision not to do this lends some further support to the idea of application of the settled interpretation. Thats absolutely right. Not to draw those infrensz. I will further add to that, at that 96 point, there was also congress was making these choices at a time when there was over 100 years of established meaning and it was aware of that meaning, we know that from the 1952 legislative history and there was so much law on this, including the 99 guidance or not the 99 guidance, but including the a. G. Decisions that congress was adopting the established meaning of public charge, yet again, while making these other affirmative choices about what to do. The next thing is, the 1999 guidance comes out and for two administrations of two parties nobody says,
Test captions Copyright National cable satellite corp. 2008 i did want to make that distinction, thats one point. Yes. And making a second point you think at least that in the context of the whole sweep of history, et cetera, Congress Decision not to do this lends some further support to the idea of application of the settled interpretation. Thats absolutely right. Not to draw those infrensz. I will further add to that, at that 96 point, there was also congress was making these choices at a time when there was over 100 years of established meaning and it was aware of that meaning, we know that from the 1952 legislative history and there was so much law on this, including the 99 guidance or not the 99 guidance, but including the a. G. Decisions that congress was adopting the established meaning of public charge, yet again, while making these other affirmative choices about what to do. The next thing is, the 1999 guidance comes out and for two administrations of two parties nobody says,
Congress make clear in 1996 that it sought to ensure that aliens admitted to the country do not rely on Public Benefits. That by making them ineligible for the most part for those benefits . It did of course make them ineligible. Concludedhat congress that after you have been here for a number of years, you are eligible for benefits, that reflects that you cannot predict for total accuracy what they will need. Predictere trying to this regulation. Correct. A difference between saying we did not predict this and saying we will authorize you to use benefits. That is different. They were not eligible before this point. That is right. Did not expect you to use them. Congress had every opportunity to elaborate on the public charge revision. Instead, they ignore that, y had 20tanding that the years before. They chose to deal with the problem in a different way. Understand how you draw from that the fact that congress chose to deal with this. They did not want to create an incentive. By makin