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To: Kaslin
Justice Kagan, writing for the Court, said in essence, “not so fast.” While deference may be appropriate in some cases, it’s not appropriate in all. From now on, the justices held, the courts must examine all the facts and circumstances before deciding to defer to an agency’s judgment over what its regulations mean. While this wasn’t a complete takedown of deference, it should prove to be a pretty effective body slam. Or, as one justice put it, deference has been “zombified.”

Here's the beautiful thing in Kagan's language: whether or not she knows it, she just made a clear and cogent case against Stare Decisis.

2 posted on 07/13/2019 6:01:50 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative

Smart pick-up on that!


6 posted on 07/13/2019 6:31:02 AM PDT by 1FreeAmerican
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To: usconservative

The Court remains drunk on power as even its conservative members demonstrate.


12 posted on 07/13/2019 7:02:10 AM PDT by relictele
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To: usconservative
......the beautiful thing in Kagan's language: she just made a clear and cogent case against Stare Decisis.......

Nice catch.

24 posted on 07/15/2019 5:23:17 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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