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sterlind | 2 months ago
the Major Questions Doctrine, the end of Chevron deference, the mandate for Article III courts from Jarkesy, have been building towards this for a while. the capstone in this program of weakening the administrative state, overturning Humphrey's Executor when Trump v. Slaughter is decided, will likely revive the Intelligible Principle Doctrine, as Justice Gorsuch has hinted. the same trend is apparent in the IEEPA tariffs case, where non-delegation got a lot of airtime.
EOs lose a lot of their punch when the Executive's delegated rulemaking and adjudication powers are returned back to their rightful owners in the other two branches.
Refreeze5224|2 months ago
parineum|2 months ago
Hnrobert42|2 months ago
throw0101a|2 months ago
Perhaps worth reading "The umpire who picked a side: John Roberts and the death of rule of law in America":
* https://www.theguardian.com/us-news/ng-interactive/2025/aug/...
Also "John Roberts and the Cynical Cult of Federalist No. 70":
* https://newrepublic.com/article/204334/john-roberts-federali...
And "This Is All John Roberts’ Fault":
* https://www.motherjones.com/politics/2025/11/john-roberts-do...
And perhaps "Trump Allies Sue John Roberts To Give White House Control Of Court System":
* https://talkingpointsmemo.com/news/trump-allies-sue-john-rob...