This, from Gorsuch's concurrence, is remarkably cynical bullshit. The "major questions" and "nondelegation" doctrines do not protect the authority of the people's elected representatives, they arrogate power to the judiciary, with today's case being a perfect case in point.
And given that the Court has to ignore the text, purpose and structure of the statue to reach today's ruling, why would anyone think a second bite at the apple would go any better?
The argument about the will of Congress also goes both ways -- if the OHSA's rule was contrary to its will Congress was free to modify or eliminate the grant of authority. The Court has no reason to preemptively act on its alleged behalf.
Stop it, you're killing me! (In the case of tens of thousands of people, quite literally.)
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Rare winter quarter case of a major constitutional ruling coming down while I'm teaching con law
One the one hand, the no justice is willing to put their name on the lawless majority opinion, Bush v. Gore style; OTOH the dissenters issue a rare jointly signed opinion
This is simply the meat of the case. The OHSA did exactly what Congress empowered it to do in very clear and explicit terms. That should be the end of this case.
Dems celebrate the pending retirement of Pat Leahy by applying the Republican-established blue slip policy over their hilarious whining lawyersgunsmoneyblog.com/2022/01/let-us…
In the spirit of bipartisan comity, let me say that Chuck Grassley can eat 20 buckets of shit
Remember when Chuck Grassley was head of the Judiciary Committee, and was famous for his commitment to bipartsianship and the impartial application of existing rules
Holmes is an interesting character the Theranos story is also about what willfully gullible rubes so many of our nation's overcompensated and underachieving elites are
And of those who aren't rubes, too many (cf. David Boies) are amoral nihilists who will squash anybody so their great-grandchildren can get an extra zero on their inheritance
Crucial to Holmes's ability to attract capital and thirsty old men was her intuitive understanding that having the superficial characteristics upper-class people associate with talent and success is more important than actually having any talent nytimes.com/2022/01/03/tec…
My favorite Neil Gorsuch, Amateur Epidemiologist (TM) moment was actually his attempted gotcha question about why OHSA was not using a statute enacted in 1970 to make the polio vaccine mandatory
Sad that someone as smart as Prelogar has to spend her time answering idiotic questions from some of the worst Dunning-Kruger cases in history
What's funny about this is that Gorsuch's defenders don't seem to realize that if Gorsuch was in fact mis-transcribed that makes his question much, much dumber