““There is no clear expression of congressional intent in § 655(c) to convey OSHA such broad authority [to issue the Mandate], and this court will not infer one. Nor can the Article II executive breathe new power into OSHA’s authority—no matter how thin patience wears.”
This matter of bureaucrats making up law beyond congressional intent was covered by the USSC in Rampanos v US and SWANNC v US. In both cases, federal bureaucrats tried to rewrite the definition of navigable waters. The court ruled that the bureaucrats cannot redefine congressional intent or rewrite legislative law.
If the courts ignore their own rulings, then we have entered complete dictatorial rule by unelected, unaccountable goons. Then it’s time for states to declare the federal government a lawless and unconstitutional criminal organization.
There are sufficient precedents, and courts are skilled at cherry picking, that either or any outcome can be obtained, accompanied by pages of legalese and cite to precedent that produces ANY outcome.
Courts, like prosecutors, can use and abuse precedent and rules with total impunity.
-- ... then we have entered complete dictatorial rule by unelected, unaccountable goons. --
That's what we have. Technically not a dictatorship on account of the form of government on paper. But the form of government on paper does not determine how that government behaves. It is the people using and abusing rules that determine.
I was thinking this morning, out government has decreed that the constitution not only allows, but it COMPELS recognition and normalization of homosexual marriage.
That's a government edict, and it is set forth as being compelled by the constitution.
Lesser malarkey is easy.