US Supreme Court - New Executive vs Legislative case today - West Virginia v. EPA (20-1530)

[Tucsonbound]

West Virgina has the potential to be a bigger case than New York State Rifle & Pistol Assn., Inc. v. Bruen was.

This case deals with the overreach of the EPA specifically but more generically is a bush pack against the Executive branch usurping Legislative power and thus disenfranchising the voting public who does not get to elect unknown bureaucrats that work at these agencies. Hopefully this will have a chilling effect on federal administrative bureaucrats at the EPA/IRS/ATF&E/etc.

Below is my favorite quote from the holding and a link to the whole opinion.

"A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body."

https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf

 

[Dauph]

6-3 decision

 

[smithers599]

I can see that case being used as a precedent in cases involving other agencies, like OSHA, FDA, and even BATFE. If a particular gun or accessory (bump stock, binary trigger, etc.) is going to be prohibited, then Congress should debate, vote, and pass a law. The BATFE does not have authority to make new laws.

 

[Half Cocked]

More on this and other actions today by the Supreme Court.

[media]https://www.youtube.com/watch?v=XoeJzyu6xv0[/media]

 

[oldslurrydog1]

I can see that case being used as a precedent in cases involving other agencies, like OSHA, FDA, and even BATFE. If a particular gun or accessory (bump stock, binary trigger, etc.) is going to be prohibited, then Congress should debate, vote, and pass a law. The BATFE does not have authority to make new laws.

This ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

[Suck My Glock]

 

[Electric303]

All of these alphabet agencies ultimately report to the POTUS through his cabinet. In regard to that, it should be noted that this SCOTUS ruling has significantly limited the power of an executive order by the POTUS. Now that is a ruling the entire country should be celebrating.