This is absolutely huge...I'm having trouble imagining the ramifications. It's ashamedly so foreign a concept that it's hard to imagine. Part of me wonders how we'd regulate stupidity like rolling coal and dumping paint in rivers though...I guess that's a state by state thing. Devolution though, right?
The case relates to non-delegation doctrine. Here's what I posted about this case and non-delegation doctrine in a thread about this case earlier in the week:
"This is rather fascinating and I was not aware that there was a possible resurgence of non-delegation doctrine. FYI pedes, this doctrine largely comes from Article I of the Constitution.
IF (and it's a big "IF) hardline non-delegationists took over in the SCOTUS, it could have some very, very serious effects.
I'm not sure that it would destroy the administrative state, but it would certainly cripple it until Congress codified/passed laws to address all of the rules that these agencies have created over the years. That could take a very, very long time.
I would also posit that it would also result in a massive number of Executive Orders being declared null and void which would likely be mostly a good thing, although smarter, more well-read folks might disagree with that.
I would encourage everyone to read about non-delegation doctrine because it's fascinating reading. It's clearly not adhered to in this day and age and has been seriously whittled down over the past 150 years due to as best I can tell, simple convenience. It's too difficult to build an administrative monster while adhering to non-delegation doctrine.
In full disclosure, I have no legal background. Just a reasonably well educated anon that finds Constitutional law interesting. Your interpretations may vary from mine after reading up on the subject."
No problem, fren. It's a rather fascinating case given the potential ramifications. That being said, there's a wide range of possibilities for how SCOTUS rules on this anywhere from letting the EPA do whatever the hell they want all the way to a draconian non-delegation ruling that impacts other agencies, and EVERYTHING IN BETWEEN.
We are probably all getting a little too optimistic about this ruling, but given the events of the past week, it's difficult not to be.
They need to do this before the weirdo takes Breyers seat.
https://truthsocial.com/users/greggphillips/statuses/108562764404977032
This is absolutely huge...I'm having trouble imagining the ramifications. It's ashamedly so foreign a concept that it's hard to imagine. Part of me wonders how we'd regulate stupidity like rolling coal and dumping paint in rivers though...I guess that's a state by state thing. Devolution though, right?
The case relates to non-delegation doctrine. Here's what I posted about this case and non-delegation doctrine in a thread about this case earlier in the week:
"This is rather fascinating and I was not aware that there was a possible resurgence of non-delegation doctrine. FYI pedes, this doctrine largely comes from Article I of the Constitution.
IF (and it's a big "IF) hardline non-delegationists took over in the SCOTUS, it could have some very, very serious effects.
I'm not sure that it would destroy the administrative state, but it would certainly cripple it until Congress codified/passed laws to address all of the rules that these agencies have created over the years. That could take a very, very long time.
I would also posit that it would also result in a massive number of Executive Orders being declared null and void which would likely be mostly a good thing, although smarter, more well-read folks might disagree with that.
I would encourage everyone to read about non-delegation doctrine because it's fascinating reading. It's clearly not adhered to in this day and age and has been seriously whittled down over the past 150 years due to as best I can tell, simple convenience. It's too difficult to build an administrative monster while adhering to non-delegation doctrine.
In full disclosure, I have no legal background. Just a reasonably well educated anon that finds Constitutional law interesting. Your interpretations may vary from mine after reading up on the subject."
Thanks - I appreciate the response
Ruling on this just came in! Court ruled against the EPA but i have no details yet.
No problem, fren. It's a rather fascinating case given the potential ramifications. That being said, there's a wide range of possibilities for how SCOTUS rules on this anywhere from letting the EPA do whatever the hell they want all the way to a draconian non-delegation ruling that impacts other agencies, and EVERYTHING IN BETWEEN.
We are probably all getting a little too optimistic about this ruling, but given the events of the past week, it's difficult not to be.