Robert Kreb v. Integra Aviation, L.L.C., et al.

Is it appropriate for courts to contend with this Court or Congress established law through sua sponte invocation of affirmative defenses and dismiss actions for want of subject matter jurisdiction from the Administrative Procedures Act despite this Court remand of subject matter jurisdiction exactly as Congress intended to abut agency conduct that violates Article III rights of Article II litigants pursing enforcement of this Court’s established law, and as that conduct can originate from admitted or suspected Appointments Clause violations?

Is it appropriate for courts to dismiss sua sponte an aggrieved party’s judicial review Congress intended and mandates for agency misconduct such as known or suspected Privacy Act violations explicit in 1996 Pilot Records Improvement Act and the Freedom of Information Act where courts have a prevalent history holding subject matter jurisdiction under state and federal causes of action?

Is it appropriate for courts to sua sponte dismiss Congress mandated judicial review and enforcement of agency orders that are explicit for whistleblowers’ immediate reinstatement; that cannot be stayed for any reason; and that sua sponte dismissal has the deleterious effect of vacating the agency order without due process to the whistleblower and renders the law inconsequential from that judicial activism?