@KevinDaleyDC Well yes, but, nondelegation wasn’t argued by state in Little Sisters. So this goes in the “When can/does Ct raise major constl issue USA sua sponte” file, not in the “pro delegation” file with Brig Aurora, Wayman, & JW Hampton.
@KevinDaleyDC If Trump-era regs were void for delegation, then so were Obama-era regs (I think @CatoInstitute argued something like this in am. brief supporting Sisters) and there’d be no problem. But delegation language in ACA pr’ly has enough intel princ to satisfy JWH & Whitman.
@KevinDaleyDC *sorry, delete “USA,” don’t know how it got in there, except maybe y’know “USA! USA!” for gen purposes 😜
