The jurisdictional catch is beautiful legal housekeeping and entirely beside the point. The ruling doesn't wrestle with whether South Sudan meets the statutory conditions for TPS. It just punts on whether DHS inherited the pen from DOJ in 2002. Meanwhile the country's at 10 million on humanitarian aid and the travel warning still says don't go, but several hundred people get litigated out on an org chart question.
According to Saris, the plaintiffs' argument undermined itself, because if the homeland security department (DHS) lacked the authority to terminate South Sudan's TPS designation, it also would have lacked the authority to issue the designation initially.


