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Gorsuch's concurrence in WVA case is beautiful...

Posted on 6/30/22 at 9:51 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98702 posts
Posted on 6/30/22 at 9:51 am
he starts out with a citation to an article written by the newest Justice (Barrett [Jackson ain't there yet]), then ends with this gem:

quote:

When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives. In our Republic, “t is the peculiar province of the legislature to prescribe general rules for the government of society.” [i]Fletcher v. Peck, 6 Cranch 87, 136 (1810). Because today’s decision helps safeguard that foundational constitutional promise, I am pleased to concur.


I like that guy
Posted by NineLineBind
LA....no, the other one
Member since May 2020
6907 posts
Posted on 6/30/22 at 9:55 am to
Posted by Deuces
The bottom
Member since Nov 2011
12375 posts
Posted on 6/30/22 at 9:56 am to
This country was not founded to have a king do whatever he wants from his executive position. We have this more than ever.

Hopeful the court has done a lot to move away from this.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/30/22 at 9:57 am to
TLDNR:

"I understand why you WANT to do it, but the Constitution does not LET you do it."

THAT is "limited government," folks.
Posted by wutangfinancial
Treasure Valley
Member since Sep 2015
11096 posts
Posted on 6/30/22 at 10:01 am to
quote:

Republic


Posted by squid_hunt
Baton Rouge
Member since Jan 2021
11272 posts
Posted on 6/30/22 at 10:01 am to
Holy crap this court is going scorched earth on the administrative state. How do we set up OSHA next? And Dept. of Education?

It's good Biden isn't coherent enough to see this or he'd be heartbroken.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/30/22 at 10:03 am to
quote:

Holy crap this court is going scorched earth on the administrative state.
I hope they keep it up. If so, I could not care less if they EVER rule on another social issue. Honestly, THIS is more important.
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 6/30/22 at 10:09 am to
quote:

But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives. 


I hope the AFT is paying attention.

Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
15052 posts
Posted on 6/30/22 at 10:34 am to
quote:

THAT is "limited government," folks.


It will only take the shift of two to three justices or a packed court to destroy that. Where there is a will (democrats), there will be a way (democrats again).

Georgia needs to get behind Herschel.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/30/22 at 10:36 am to
quote:

Georgia needs to get behind Herschel.
I think each of his personalities should get a separate vote. The GOP would never have any trouble reaching the magic "60."
Posted by GumboPot
Member since Mar 2009
118758 posts
Posted on 6/30/22 at 10:38 am to
quote:

pen-and-phone regulations
Posted by Kracka
Lafayette, Louisiana
Member since Aug 2004
40798 posts
Posted on 6/30/22 at 10:39 am to
quote:

This country was not founded to have a king do whatever he wants from his executive position. We have this more than ever
.

I’ve been saying this for a while. The POTUS has way to much overreach with EO’s and it’s gotten to the point where congress doesn’t pass anything meaningful anymore. The country’s hot topics are run by executive orders instead of laws.
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 6/30/22 at 10:41 am to
Posted by Speckhunter2012
Lake Charles
Member since Dec 2012
5807 posts
Posted on 6/30/22 at 10:46 am to
quote:

quote:
Holy crap this court is going scorched earth on the administrative state.
I hope they keep it up. If so, I could not care less if they EVER rule on another social issue. Honestly, THIS is more important.


Very happy to agree with you on this leviathan our government has become.
Posted by themunch
Earth. maybe
Member since Jan 2007
64654 posts
Posted on 6/30/22 at 10:48 am to
quote:

pen-and-phone regulations


Mr Obama will not be happy
Posted by TideCPA
Member since Jan 2012
10354 posts
Posted on 6/30/22 at 11:03 am to
The presidential election should be far less consequential than it is currently.
Posted by dewster
Chicago
Member since Aug 2006
25342 posts
Posted on 6/30/22 at 11:12 am to
quote:

How do we set up OSHA next? And Dept. of Education?


And USDA...but why would this ruling not impact all government organizations under the executive branch?
Posted by dewster
Chicago
Member since Aug 2006
25342 posts
Posted on 6/30/22 at 11:14 am to
quote:

I’ve been saying this for a while. The POTUS has way to much overreach with EO’s and it’s gotten to the point where congress doesn’t pass anything meaningful anymore. The country’s hot topics are run by executive orders instead of laws.



And it allows them to do this without horse trading and finding common ground with dissent. It's infuriating that we've allowed congress to avoid their jobs to much over the past 40 years.
Posted by Houag80
Member since Jul 2019
9161 posts
Posted on 6/30/22 at 11:15 am to
You are an ignorant putz
Posted by Bulldogblitz
In my house
Member since Dec 2018
26781 posts
Posted on 6/30/22 at 11:56 am to
quote:

Very happy to agree with you on this leviathan our government has become


in aggiehank fashion though, we should just be posting contrary to his stance no matter what.
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