Call it what you will - the "Imperial presidency" or the "Administrative state" - the power that the executive branch has accumulated over many decades is coming face to face with the Constitution, thanks to the Supreme Court's originalist wing.
Associate Justices Clarence Thomas, Samuel Alito and Neil Gorsuch, in particular, have signaled in several significant opinions this term that they want to restore powers to Congress that the executive branch has usurped, reports Axios.
Axios points to Gorsuch's opinion in the court's ruling last month that OSHA did not have the power to mandate COVID-19 vaccination in workplaces.
The OSHA ruling is one of three recent rulings that, together, have a dramatic impact on constraining federal power across many policy areas in ways that are nearly impossible to reverse.
Two other significant rulings last month were the curbing of the Environmental Protection Agency's power to control greenhouse gas emissions and the prevention of the Centers for Disease Control and Prevention's from imposing a housing eviction moratorium due to COVID. Axis said: "There are many ways for the conservative court to rein in federal agencies, and while there may not be a clear consensus on precisely which of those avenues to take at any given moment, one way or another, federal agencies exerting broad-based powers are already losing - and are almost certainly going to keep losing."
In the CDC case, for example, the court said that if Congress had intended for the agency to have the power to halt evictions nationwide, it would have needed to say so explicitly.
"The"nondelegation doctrine, Axios said, is the "Outer bound" of this campaign by the conservative justices to restore the constitutional separation of powers.
https://www.wnd.com/2022/07/originalist-justices-dismantling-imperial-presidency-case-case/
No comments:
Post a Comment