this post was submitted on 23 Jul 2024
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[–] roguetrick 9 points 3 months ago (1 children)

Yeah, they've gotten to the point of saying the legislature cannot delegate it's authority. If it stands it functionally makes modern government impossible. If Congress cannot delegate to the executive, and it cannot take on executive style decision like the Westminster system, the government just cannot function.

[–] [email protected] 5 points 3 months ago (1 children)

Let SCOTUS enforce it. Why anyone still listens to that nut job chorus is beyond me.

[–] [email protected] 7 points 3 months ago

They won't have to. Lower courts do it.

Whats going to happen is that every time a corporation doesn't like a regulation, they will sue to stop it. If possible in the specific case, they will shop for the right circuit court that's stuffed with judges favorable to them. The regulation will be stopped from taking hold while the case is in process. The federal bench is already overloaded, so this will take years. The corp will continue as they were in the meantime.

Even worse, a corp can now bring up cases against old regulations that started affecting them. An old corp getting into a new area, or a spinoff subsidiary taking their old business, could challenge any regulation that suddenly affects them.

This isn't like, say, school integration, where the President helps out the enforcement by sending the National Guard. Everything happens within the courts, plus the agencies respecting a court ordered stop like they always have.