Its not the job of the SC to divine what lawmakers thought they meant when making laws. They have no buisness second guessing what elected legislators have passed, and barring
a true Constitutional question they are correct not to rule.
In this case it was Clinton who issued an executive order during the last years of his presidency.
Don't see anything in the Constitution about millions of acres of 'national parks'.
/johnny
It is exactly SCOTUS’ job to interpret laws. If laws require divination then they are not really laws.
What do you mean by a “true” constitutional question? Not qualifying for “strict scrutiny” according to Footenote Four? The presumption of constitutionality for only favored types of challenges is arbitrary. Nothing could be clearer constitutionally than that the administration is incompetent to legislate. Even if Congress has capitulated to it. SCOTUS is competent to oppose this.
Granted, SCOTUS’ capitulation is old news, so I don’t blame this bunch particularly.