Watching from across the Atlantic, I was always fascinated by Scalia's opinions (especially his dissents). I usually vehemently disagreed with him on principle (and I do believe his opinions were principled), but I often found myself conceding to his points, from a "what is and what should be are different things" angle.
Thomas wants to pretend he's the OG originalist, but I don't think he is anywhere near Barrett's peer.
He is all over the map, but not in a way that seems consistent or predictable.
Wasn't it JFK who said "We choose to Not do these things bc they're kinda hard actually"? /s
* https://en.wikipedia.org/wiki/Brett_Kavanaugh#Sexual_assault...
This fake independence works so well, that most Hungarians lie themselves that judiciary is free.
Very respectfully, there is no comparison between Trump and Biden in this respect. Indeed, the court adopted a new legal concept, the Major Questions Doctrine, to limit Biden continuing the Trump student loan forbearance.
> https://en.wikipedia.org/wiki/Major_questions_doctrine
I've read the Wikipedia page before and also reviewed it before posting, but thanks for your insightful analysis.
Care to share when it was used in the majority before the current Roberts court?
Basically the FDA tried to use its powers to regulate drugs and devices to regulate nicotine (drug) via cigarettes (device.) The conservatives on the court said, in effect, “look obviously congress didn’t intend to include cigarettes as a medical device, come on.”
Then Congress passed a specific law allowing the FDA to regulate cigarettes. This is how it should work. If congress means something that’s a stretch, they should say so specifically.
I don't have as much time to offer a similar assessment of the first two 'official' Major Questions Doctrine cases in the Biden administration, but neither was nearly as contentious as the FDA reversing its prior position.
For this reason, I see this decision as an argument against an agency changing course from an accepted previous (but not Congressionally defined) perspective. However, Chevron—at least according to interviews with lawmakers responding to the 'MQD' usage—ran counter to what the supposed understanding of how agency work would function. Again, I can find primary sources later.
1. https://www.nytimes.com/2000/03/22/us/high-court-holds-fda-c...
You phrased something very poorly. Someone replied and you moved the goalposts; claiming that you were actually referring to the majority using a concept. And now you’ve moved the goalposts again.
I don’t know why you’re doing backflips to avoid admitting that you were wrong.
I wasn't wrong - the first time the concept was named in a decision was in the Biden administration. It sounds like you're not actually reading any of these, or aware of this issue?
I do agree that the idea that some agency actions should be used appeared in the case OP cited. But it's obvious that SCOTUS is using this concept much more broadly now.
If any justice deserves to be impeached it’s him. I can’t believe they approved him in the first place. Anita Hill sends her regards.
https://americanoversight.org/email-suggests-that-supreme-co...
His patrons lavish him with gifts because they don't want him to retire, not because they want a specific ruling.
Keep doing exactly what we want you to do, or the money goes to someone who will.
Which is also a message to the rest.
You are correct compared to the $320k/year salary these empty nesters pull these things seem not that expensive. So why not just save up and buy them himself?
Yes, RED FLAG. Because apparently he likes nice things and spending money so much he can't seem to afford them himself or forgo the gifts and spare himself the scandal.
The SC ruling today:
1) Does not stop the president from enacting tariffs, at all. The dissents even spelled out that no actual change would come from this ruling.
2) The ruling creates the absurd scenario where the president can (under this specific law) totally ban ALL imports from a country on whim, but not partially via tariffs. It's akin to being able to turn the AC on or off, but not being allowed to set the temperature.
As usual, interesting discussion about the nuances of this ruling are happening on X. Reddit and HN comments are consistently low-signal like the above.
The nuance is that nothing Congress passed granted to right to tax. Additionally, they did grant the power to partially block imports. Nothing says you have to enact “no imports from Japan” vs. “no imports of networking equipment from Lichtenstein.”
The precise wording is regulate. The idea that "regulate" means you can turn it on or off with no in-between is beyond parody. Absurd. Hilarious. Farcical.
That said the headline is misleading and should be renamed, nothing is changing from this ruling.
"investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit..."
I'm sure they are lol.