Alright Alright. Here we go. There is no way the highest court in the land can screw this up right? Right?
Justices agree to review EPA’s authority to regulate greenhouse gases
https://www.scotusblog.com/2021/10/...-epas-authority-to-regulate-greenhouse-gases/
The Supreme Court just took a case on the EPA’s authority. Its decision could undo most major federal laws.
As Justice Kagan wrote, the arcane doctrine of ‘nondelegation’ would make most of government unconstitutional
The Supreme Court on Friday agreed to hear a challenge to the Environmental Protection Agency’s authority to regulate power plant emissions, in a case that legal scholars say could undermine Congress’s constitutional authority to delegate power to federal agencies. Some argue that such regulation — not just by the EPA, but in President Biden’s vaccine mandate as well — is unconstitutional because of a somewhat arcane legal doctrine called the “nondelegation doctrine.” This theory holds that Congress cannot delegate broad policymaking authority to government agencies.
Why does this argument matter? Our research finds that if the Supreme Court were to invalidate either the EPA’s authority or the vaccine mandate under this doctrine, it might unravel nearly every major law Congress has passed since World War II. Nearly every one of these laws involves delegating authority to U.S. agencies....
...What’s more, several members of the Supreme Court, led by Justice Neil M. Gorsuch, have signaled that they’re open to striking down laws based on this doctrine. In fact, the court’s majority mentioned concerns about delegation when it struck down the Centers for Disease Control’s eviction moratorium.
Their next opportunity to use it might come with the EPA case or when opponents challenge the Biden administration’s vaccine mandate after regulations are issued, since in both cases some opponents are relying explicitly on the doctrine. Or they could use it when, as expected, they hear Kelley v. Becerra, the latest challenge to the Affordable Care Act, which is making its way through the courts and close observers expect to succeed in the U.S. District Court.
So what would a reinvigorated nondelegation doctrine do to the U.S. government? Justice Elena Kagan wrote in her minority opinion in Gundy v. United States that if the Court starts striking down congressional delegations of authority, “then most of Government is unconstitutional.”...
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