Posted on 10/30/2021 7:54:06 AM PDT by where's_the_Outrage?
The Supreme Court on Friday agreed to hear a challenge to the Environmental Protection Agency’s authority to regulate power plant emissions, in a case that legal scholars say could undermine Congress’s constitutional authority to delegate power to federal agencies. Some argue that such regulation — not just by the EPA, but in President Biden’s vaccine mandate as well — is unconstitutional because of a somewhat arcane legal doctrine called the “nondelegation doctrine.” This theory holds that Congress cannot delegate broad policymaking authority to government agencies.
Why does this argument matter? Our research finds that if the Supreme Court were to invalidate either the EPA’s authority or the vaccine mandate under this doctrine, it might unravel nearly every major law Congress has passed since World War II. Nearly every one of these laws involves delegating authority to U.S. agencies.
(Excerpt) Read more at msn.com ...
SCOTUS will do the right thing(nope) or it will bend over for the Democrats(yep)
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
Is this not essentially the same thing as nameless faceless unaccountable beaureacrats making up law based on vague guidelines? Since the original Americans went to war over this surely doing the same thing all over again to ourselves is unconstitutional?
Kavanaugh is turning out to be little more than a glorified frat boy, and Barrett is oh-so-compassionate. She won’t rock the boat and do anything truly heroic.
So basically it’s a 7-2 or 6-3 leftist court, the opposite of what the media screams it is.
Business as usual.
IF we didn’t overturn bad law, then we’d still have slavery...separate but equal, etc.
I dont like “bad law”, doesn’t matter how long it’s been on the books to me. BAD = GONE.
That's the problem, congress never passed a law they punted the reges to the agencies so they would not be held accountable for the pushback or bad outcomes.
The agencies then "partner" with NGO's who write the actual regulations. Congress stands back and says, "hey don't look at us our hands are clean.
I agree that a ruling against the current ‘regulatory state’ is unlikely.
On the other hand, consider the ‘mission statement’ implicit to the EPA; “Protect the Environment”. Does anybody know of any restrictions, other than practical politics, that limit the EPA?
In an explicit world, OR in a modern Twilight Zone, I could see the last EPA employee, having seen the last human corpse properly composted, offing itself in another, automated composter, thus accomplishing the task of “Protect(ing) the Environment (from humans)”!
Agree!
“arcane legal doctrine”
Goodness gracious! Most understand the purpose of what
this doctrine set out to do. Nothing “ARCANE” about it.
Big brother poking where he shouldn’t be involved (PERIOD)
Will SCOTUS whittle the dead wood from their permanent cushy
chairs? Time will tell.
The problem is that K Street is wall-to-wall lobbyists, because the knobs of power are so widely distributed using this scheme. Another part of the problem is that the public review process is now viewed as a mere formality by those self-same bureaucrats. Finally, the review process is a parade by special interests, because the special interests are the only people willing to spend the money to be who pays attention to each specific, particular corner of this monster we call government.
And took control of our water, claiming puddles from rain as a waterway.
This could be monumental. One of those decisions that is talked about by name...for better or for worse.
Will it be Brown vs. Bd of Ed., or Dredd Scott?
I don’t see a downside to this. If it’s constitutional to do so, we could certainly do with a few less laws; many of which apparently should not have been law in the first place. The one thing that would probably do the most for our country would be to get us back to where the Constitution really is the law of the land. It’s time to realize that our forefathers really did have their heads on straight when they wrote our Constitution. Some Democrats will not like this, but as far as I’m concerned they can go pound sand.
How so? The Constitution allows Congress to expressly deny review of any given law it passes by the courts.
“Kavanaugh and Barrett are huge disappointments. The left has some type of hold on them.”
Kavanaugh has spent his life in the DC area I believe. He’s going to take care of the big government that has pampered him since his Pamper days.
And they set up “Administrative Law Judges” to determine compliance with said regulation. I never understood how a judical system could exist constitutionally outside of the federal courts but it does. (Military is the exception and is constitutionally allowed as a special case.)
The amount of CO2 in US air could go up four-fold and not have an adverse impact on the US.
Bump!
Would not hold my breath. Not with 3 gutless, so called conservatives in that crowd.
This will totally backfire on those trying to curb the power of the EPA once the Supremes vote in its favor. It will cement forever that power and embolden the EPA to grab even more.
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