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Briefly: A Cautionary Note Regarding The SCOTUS

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Posted By: earlybird, 1/3/2022 3:50:33 PM

Yesterday I offered a brief quote from an article by law prof Jonathan Turley (I've Been Asked About ... The SCOTUS Mandate Case). Turley discussed the mandate case in the context of two administrative law cases that are before the Court. The reason Turley placed the mandate case in that context is because the Zhou mandate was issued by OSHA—a federal administrative agency—and therefore revolves around constitutional issues governing the law regarding federal administrative agencies. In a broader sense, of course, the fact that the Court already has two cases before it that involve two key aspects of the the law in this field is a very clear indication that

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I found this to be a very interesting analysis of where the SCOTUS could be going. A highly recommended read, not for drivebys.

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Reply 1 - Posted by: earlybird 1/3/2022 3:53:43 PM (No. 1027135)
OP comment: I diidn’t know what Chevron was. Here it is from Turley (quoted in this article): What is most notable about these cases is that they focus on the Chevron Doctrine, a doctrine affording agencies great deference in their interpretations and policies. Judge Hendrix found that “the plain language of defendants’ cited authority, the statutory context, and the existing regulations all confirm that the Secretary’s interpretation of ‘performance standards’ is not a permissible construction of the statute. The Court finds that plaintiffs are substantially likely to succeed on their claim that defendants exceeded their statutory authority.”
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Reply 2 - Posted by: Starboard_side 1/3/2022 4:36:32 PM (No. 1027174)
Very informative, thanks for the post OP. Seems hard to fathom that an agency would be allowed to interpret their own agencies policies. Sounds like the fox guarding the hen house.
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Reply 3 - Posted by: mc squared 1/3/2022 4:53:17 PM (No. 1027187)
Thanks OP.
6 people like this.

Reply 4 - Posted by: swarfer 1/3/2022 5:18:13 PM (No. 1027220)
It won’t matter. Biden and the Democratically controlled agencies will simply ignore any unfavorable ruling. We now realize that nothing can be done about if Congress doesn’t intervene.
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Reply 5 - Posted by: davew 1/3/2022 5:53:25 PM (No. 1027239)
Administrative regulations are useful when they seek to level the playing field between competing interests by establishing the boundaries and parameters of a Congressional law in a non-partisan way. What they have become is a haven for ideologues who want to rig the game to determine a preferred outcome such as "saving-the-planet" or "racial justice". This is exercising power by proxy without going to the governed and getting their consent through their representatives. If strengthening the non-delegation clause corrects this abuse of power, I'm all for it.
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Reply 6 - Posted by: SkeezerMcGee 1/3/2022 7:52:10 PM (No. 1027316)
All federal agencies ALWAYS desire more power, more authority and more MONEY. Too often Congress INTENTIONALLY enacts ambiguous statutes regarding the authority delegated to (and the jurisdiction of) federal administrative agencies. Risk adverse Congress' purpose is to "pass the buck" by allowing the agencies to make these politiclly sensative decisions. The federal "Clean Water Act" as amended, is an example. If an agency makes a decision that the public deems to be outrageous, the politicians often claim ignorance ("I didn't understand the statute allowed that.") or otherwise blame the agency, but Congress seldom amends any statute to limit the authority or the jurisdiction of a federal agency. Congress, cowtowing to powerful lobbyists, more often amends these statutes to delegate more authority and/or more jurisdiction to these agencies. It often takes decades, far too many lawsuits, and far too many harmed (abused) persons and/or entities before the U.S. Supreme Court issues an opinion that limits the authority or the jurisdiction of an agency that has for far too long been running wild with power.
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