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 the Court will be looking at the mandate through the same or similar lenses that led it to accept those two cases. None of this is likely coincidental—it’s clear that Turley sees all this as connected. He concludes:
I share the view of LegalMan on this. It is a sign or our corrupted republic that we have 9 people in robes handing out edicts that pretend to be national law for everyone everywhere in the US. SCOTUS is completely out of control. When the collapse comes and we start over, careful thought will have to go into avoiding this Rule by Wise Elders.
Thanks so much, Mark, for the insight into the SCOTUS, why two cases, and your thoughts! As big as Chevron is, the non-delegation doctrine making a comeback is even bigger I think. As you note closing that loophole whereby so much authority is de facto passed to agencies is HUGE. Could we actually revert Constitutionally to before the New Deal? I'm already very excited knowing that SCOTUS has taken these two cases - and will be "through the roof" happy if your optimism is rewarded.
To steal a line from Rumpole, only God in his wisdom knows what the Supreme Court will do when they get a case. Although given the polling, the Biden people may be hoping for the Court to strike the mandate down, since it would get them off the hook. They can't back down without triggering an intraparty war with the Covidians, and the mandate is about as popular as herpes.
I share the view of LegalMan on this. It is a sign or our corrupted republic that we have 9 people in robes handing out edicts that pretend to be national law for everyone everywhere in the US. SCOTUS is completely out of control. When the collapse comes and we start over, careful thought will have to go into avoiding this Rule by Wise Elders.
Thanks so much, Mark, for the insight into the SCOTUS, why two cases, and your thoughts! As big as Chevron is, the non-delegation doctrine making a comeback is even bigger I think. As you note closing that loophole whereby so much authority is de facto passed to agencies is HUGE. Could we actually revert Constitutionally to before the New Deal? I'm already very excited knowing that SCOTUS has taken these two cases - and will be "through the roof" happy if your optimism is rewarded.
To steal a line from Rumpole, only God in his wisdom knows what the Supreme Court will do when they get a case. Although given the polling, the Biden people may be hoping for the Court to strike the mandate down, since it would get them off the hook. They can't back down without triggering an intraparty war with the Covidians, and the mandate is about as popular as herpes.
I don't really have the patience for this kind of Kremlinology. Not all the agendas are visible.
The mandate decision will be historic, one way or another. Hedge your bets.