[00:00:00] Speaker 01:
Our next case is N. Ray Janke, 22-1274.

[00:00:04] Speaker 01:
Mr. Janke?

[00:00:07] Speaker 01:
Yeah.

[00:00:07] Speaker 01:
You have five minutes reserved for rebuttal?

[00:00:10] Speaker 03:
Right.

[00:00:11] Speaker 01:
OK, you may proceed.

[00:00:12] Speaker 03:
May it please the court, my name is Garth Janke.

[00:00:17] Speaker 03:
I think I'd like to start by asking if you have questions.

[00:00:20] Speaker 03:
Just speak up a little bit more.

[00:00:21] Speaker 03:
Oh, I'm sorry.

[00:00:22] Speaker 03:
Is this a microphone?

[00:00:25] Speaker 03:
I'm sorry.

[00:00:26] Speaker 03:
May it please the court, my name is Garth Janke.

[00:00:30] Speaker 03:
I'd like to start by asking if you have any questions after listening to the previous arguments.

[00:00:38] Speaker 03:
I thought that would be a good idea.

[00:00:42] Speaker 03:
Well, do you recognize that we're bound by Supreme Court decisions?

[00:00:45] Speaker 03:
Yes, of course.

[00:00:46] Speaker 03:
And I guess I want to say, I don't really expect this court to reverse the rejections.

[00:00:53] Speaker 03:
What I'm looking for or hoping for is

[00:00:56] Speaker 03:
an acknowledgment in the opinion, an acknowledgment in the opinion that there are some issues here that the Supreme Court should take a look at.

[00:01:06] Speaker 01:
I don't think that that's an appropriate relief that we can give you.

[00:01:15] Speaker 01:
We do not render advisory opinions.

[00:01:20] Speaker 01:
Well, I'm not asking.

[00:01:21] Speaker 01:
Unless you have something else.

[00:01:23] Speaker 01:
We're not going to render an advised opinion.

[00:01:26] Speaker 01:
And we're unable to overrule Supreme Court precedent.

[00:01:30] Speaker 03:
Well, yeah, OK.

[00:01:31] Speaker 03:
Then I won't ask you to do anything you can't do.

[00:01:34] Speaker 03:
OK.

[00:01:36] Speaker 03:
And I'm not here to argue you should.

[00:01:37] Speaker 03:
OK.

[00:01:38] Speaker 03:
So really, you know much more than I do.

[00:01:41] Speaker 03:
Maybe I'm done, then.

[00:01:42] Speaker 03:
You've heard what I've, you've seen my arguments.

[00:01:45] Speaker 02:
I mean, your arguments are more appropriately addressed to the Supreme Court.

[00:01:48] Speaker 02:
If they want to overrule cases that are 50 years old, they can do that.

[00:01:52] Speaker 02:
But we can't do it.

[00:01:53] Speaker 03:
I understand you can't do it.

[00:01:56] Speaker 03:
I accept that you can't do it.

[00:02:01] Speaker 01:
Is that the bulk of your argument?

[00:02:03] Speaker 01:
Is that the message you came to tell us today?

[00:02:08] Speaker 01:
I don't want to cut you off.

[00:02:09] Speaker 01:
If there's other things you want to talk about, fine.

[00:02:12] Speaker 01:
But we've been clear here as to what we can and cannot do.

[00:02:18] Speaker 03:
Well, I don't want to waste your time.

[00:02:21] Speaker 03:
I think you're telling me you can't do anything for me.

[00:02:24] Speaker 03:
And I understand that.

[00:02:25] Speaker 03:
So I don't want to take any more of your time with my arguments.

[00:02:30] Speaker 03:
OK.

[00:02:30] Speaker 03:
All right.

[00:02:30] Speaker 03:
Well, thank you, Sue.

[00:02:31] Speaker 00:
Good morning, Your Honors.

[00:02:32] Speaker 00:
And may it please the court, the issue of waiver alone resolves this appeal.

[00:02:36] Speaker 00:
And as appellant acknowledges, the agency and this court is bound by Supreme Court precedent.

[00:02:42] Speaker 00:
So unless you have any other further questions, we ask that the court affirm the decision.

[00:02:46] Speaker 00:
Thank you, Your Honors.

[00:02:50] Speaker 01:
for this morning.

[00:02:52] Speaker 01:
Let me back up.

[00:02:53] Speaker 01:
You do have the opportunity to rebut this statement, but we're clear on that.

[00:02:58] Speaker 01:
Okay, good.

[00:03:01] Speaker 01:
We've taken all the cases under advisement.

[00:03:03] Speaker 01:
This court now stands in recess.