Kavanaugh and Barrett appear likely to break with the Supreme Court's MAGA wing [View all]

[elleng]

The Supreme Court spent Wednesday morning giving very serious consideration to a case that no one should take seriously.

FCC v. Consumers’ Research asks the justices to revive a long-dead legal doctrine known as “nondelegation,” which places strict limits on Congress’s authority to delegate power to federal agencies, and essentially move that power over to the judiciary. The problem with this legal doctrine, besides the difficulty it would create for agencies trying to carry out their mandates, is that it appears nowhere in the Constitution, and so it is impossible to come up with principled rules to guide when judges should strike down a law empowering an agency.'

(Too complex to deal with, but an interesting perspective on the members, imo.)

https://www.vox.com/scotus/405913/supreme-court-kavanaugh-barrett-nondelegation-fcc-consumers-research