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.
Ultimately, it appears they want the court to return to the “nondelegation doctrine,” the theory that the Constitution prohibits Congress from delegating any of its powers to the executive branch.
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. Joined by Thomas and Alito, Gorsuch wrote that even if Congress had expressly given OSHA the power to impose a vaccine mandate, that delegation of power likely would have been unconstitutional.
Axios observed that battles over the federal government’s power will likely define much of the conservative Supreme Court’s future.
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.
Truly thankful for what President Trump did accomplish!
Kept Hilliary Cunton from becoming President!
Appointed three Constitutionalist Supreme Court Justices (Thanks for your obstinacy there Ruthy!).
Showed that the politicians have been screwing the country over for decades!
Hopefully, he’ll be back!
OSHA assumed power just as the EPA has done, I am pleased that the EPA has been reined in a bit.
Time to DISMANTEL CONGRESS !!!!!!
It’s important to recall that while SCOTUS decides which appeals to hear, the cases come up through the lower courts before they land on SCOTUS’ doorstep for the acceptance or rejection decision. The justices don’t initiate cases.
It’s the 3 Stooges, live and in living color.
Lock up these THREE TRAITORS !!!!!!!!