The Supreme court wrests a little of the power ceded by our politicians to federal bureaucrats and sends it back to Congress, and Politico is upset.
/Who knows? Maybe she can speak at the next meeting of the “Displaced Republicans of Greenwich” meeting.
The Supreme Court Just Made an Incredible Power Grab
The court’s majority opinion signals that this Supreme Court is poised to strike down an undisclosed segment of federal regulations that don’t follow express, detailed authority from Congress. And even more troubling, the court’s conservatives have apparently determined that Congress may do so only if the subject matter of the law implicates what the court deems a “major question,” a nebulous and undefined term that has no textual support in the Constitution. Because our polarized Congress is shockingly dysfunctional when it comes to substantive policy, it doesn’t bode well for the country’s legislative needs.
So, there’s a looming Supreme Court threat to the viability of federal regulations as the ongoing bread-and-butter means of passing laws that span virtually every aspect of American life, from workplace safety and environmental protection to financial regulation and national child welfare. And these government actors aren’t elected or susceptible to losing their jobs at the ballot box.
I had to read the article twice to make certain, but incredibly, professor Wehle’s reference to “unelected government actors” is meant to describe the Supreme Court, not the unelected agency flacks who draft and control their own “regulations that span virtually every aspect of American life”. Returning that power to the legislative branch is “a power grab”? Only in the world of the Left, which believes it can create a perfect world, if only people would listen to and obey the experts who know best.