United States Justice Kavanaugh looking for non-delegation clause cases

[bullethead]

I was randomly looking at Youtube videos and stumbled upon this very interesting video about potential future legal cases the Supreme Court might be looking to take up (ignore the clickbait thumbnail):


The TL;DW is that Kavanugh put out (in neutral legalese) that he wants people to send cases involving Congress delegating lawmaking to the Executive Branch agencies to the Supreme Court. Given the potential conservative dominance of the Supreme Court in the near future, that could end in the limitation or elimination of agencies' ability to make laws/rules and force all that onto Congress.

Something to keep an eye on in the future, especially since Ruth Bader Ginsberg's health is a big deal and Mitch McConnell is playing 4D chess by getting as many conservative judges into federal courts as he can.

 

[Captain X]

I'd actually be in favor of that, as I'm often frustrated by the ability of the various agencies like the FTC, EPA, and ATF to effectively make laws without any kind of accountability - they just do it by fiat basically.

 

[Cherico]

You know what when Kavanaugh first came on the scene I was worried.

Then the false accusations came and I felt sympathy for him, after that I thought well at least we finally have a man on the supreme court who understands what its like to be falsy accused. Now, now I think I'm growing to like the guy.

 

[Husky_Khan]

Ben Sasse (R-NE) actually had a wonderful speech about this topic during the Kavanaugh hearing with four brief points:

1. Legislative Branch is supposed to be center of politics
2. It's not, for the last century and ever increasing, it's being delegated to the executive branch. Most legislators want their jobs more then legislative work.
3. Since debate isn't happening in the Legislature which is becoming more impotent, it's being transferred to the Supreme Court as a substitute political battleground.
4. We need to properly restore the balance of power of the constitutional branches of government.

Then he went into more beautiful detail on each point. My main takeaway was how the Legislature just basically writes up a bill and then has an alphabet soup of unelected bureaucrats in federal agencies write up the laws to fit the bill supposedly/hopefully.

 

[Deleted member]

They frequently try to twist the express will of congress, too. Diverting money and reinterpreting things creatively to minimise the impact.

 

[Scottty]

This sounds like it's related to the "3 felonies a day" problem: the US govt has a forest of laws that most people haven't a clue about.

 

[ShadowsOfParadox]

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About damn time.