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One more SCOTUS decision that no one is talking about.

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alamo5000

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The ruling on this case is to be released in the coming days. Arguably and in some regards it's bigger than many of the others recently released. The case is W. Virginia vs the EPA.

At the heart of the case, the EPA was handing out regulations like candy, almost like they were the ATF. They had no law backing up those rulings so 17 states sued and eventually the case was all rolled into one with 26 states suing the EPA over HOW the rules are made and other relevant issues (such as a lack of recourse or accountability from the government).

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"Urging the justices to hear the case, one of the challengers, the North American Coal Corporation, acknowledged that the issue of climate change and how to address it has “enormous importance,” but the company stressed that “[t]hose debates will not be resolved anytime soon.” What the court should resolve, it continued, “as soon as possible is who has the authority to decide those issues on an industry-wide scale — Congress or the EPA.” Unless the justices weigh in, the company warned, “these crucial decisions will be made by unelected agency officials without statutory authority, as opposed to our elected legislators.”"

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Basically this one ruling has the potential to over rule all government agencies (including the ATF and EPA) and force their 'rule changes' to go through Congress instead of an appointed third party. That would be a doozie.

We should hear about it next week.

Here is a background article that I found online.

www.nature.com

This US Supreme Court decision could derail Biden’s climate plan

Controversial lawsuit has put the US government’s ability to slash carbon emissions on the line.
www.nature.com www.nature.com
​
 
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I haven't forgotten it. I've been waiting for it hoping it is a mortal wound to the administrative state.

I've never understood how Congress can abdicate its responsibility and cede it to unelected, nameless, faceless bureaucrats who answer to no one. This is the reason we have 1000's of stupid, useless, costly and unnecessary regulations that have the force of law. I hope the Supreme Court will severely curtail this. The EPA is only the most obvious disgraceful agency that creates laws at whim that effects entire industries and practically the entire country. If they are not stopped, they will destroy what's left of our economy in the name of that bullshit global warming.

But it will also have ramifications for all other federal agencies including Justice and the ATF. They should not be able to create, cancel, and change regulations at will like they do now. It should take explicit instructions from Congress before they can create laws out of thin air that affect all of us.
 
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Arc Light said:
I haven't forgotten it. I've been waiting for it hoping it is a mortal wound to the administrative state.

I've never understood how Congress can abdicate its responsibility and cede it to unelected, nameless, faceless bureaucrats who answer to no one. This is the reason we have 1000's of stupid, useless, costly and unnecessary regulations that have the force of law. I hope the Supreme Court will severely curtail this. The EPA is only the most obvious disgraceful agency that creates laws at whim that effects entire industries and practically the entire country. If they are not stopped, they will destroy what's left of our economy in the name of that bullshit global warming.

But it will also have ramifications for all other federal agencies including Justice and the ATF. They should not be able to create, cancel, and change regulations at will like they do now. It should take explicit instructions from Congress before they can create laws out of thin air that affect all of us.
Click to expand...

Absolutely! You hit the nail on the head.

At this point I have zero reason to believe that the SCOTUS will do anything but rule as you have described.

It would put an immediate end to so much bullshit.
 
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The term 'saving the best for last' could definitely apply here.

Not at all saying the others aren't worthy of celebration, but this one would be another doozie.
 
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It would force congress to do their job.

Currently they hide behind a term limited president's executive orders that provide cover for their inaction, their fence sitting, so they can be reelected repeatedly and line their pockets. And ignore the alphabet agencies constant reinterpretation of laws so as to increase their scope, power and budgets.

I'm sure there are some honest people that go to congress. Public servants that listen to those that elected them and honestly try to help America. But you can only piss into the wind so long before you start to get wet.

This ruling could be a very good thing.

Thank you,
MrSmith
 
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This sounds almost identical to the one they just ruled on. If you are interested in this, watch this video because it sounds like that win has already happened. This combined with the recent ruling against the SEC are actually huge.

 
No ruling yet...but I saw this article...

"Believe it or not, overturning Roe v Wade may not be the Supreme Court’s most dramatic decision this year. Instead, its ruling on West Virginia vs. the Environmental Protection Agency could prove far more consequential. It could literally upend how our government works.

For the better.

West Virginia vs. the EPA asks whether important policies that impact the lives of all Americans should be made by unelected D.C. bureaucrats or by Congress. This SCOTUS could well decide that ruling by executive agency fiat is no longer acceptable."

www.foxnews.com

One more blockbuster Supreme Court decision could still be coming even after Friday's abortion ruling

The Supreme Court's decision to overturn Roe v. Wade was a monumental moment in the history of the high court. But another major decision may still be coming.
www.foxnews.com www.foxnews.com
 
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The whole fucking purpose of the Judicial Branch is to check the power of the Legislative and Executive Branches.

The repeal of the Roe decision actually gave back power back to the legislature rather than curtailing it, but The States vs the EPA will be a massive blow against the executive that needs to happen. The Federal Bureaucracies are totally out of control and need to be smashed with a baseball bat.
 
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C6E020E6-3869-4FAF-B6CE-7891059AF8FE.gif
 
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Yeah, this is the big one. And since they left it for the last, it probably is more substantial than the overturn of Roe-v-Wade.
Clarence Thomas might go down in history as one of the greatest Americans since The Founding Fathers.
And you cant discount Donald Trump here. He appointed Gorsuch, Kavanaugh and Coney-Barret. If they get this decision right the outcome will be EPIC!
 
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Justice Thomas has said that JUSTICE HARLAN’S IMPERISHABLE DISSENT IN PLESSY V. FERGUSON IS the most important legal writing in the court's history. He said that because no other writing, even though it was a dissent, advanced the principals of The Declaration of Independence more. Hs own opinions clearly are meant to be as enduring and true to the human condition, the Declaration, the Constitution, and our never ending struggle for liberty against those who would rule us.
 
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samadisoulcrusher said:
I hope Justice Thomas writes the majority opinion on this one!
Click to expand...
I don't think so. If I am not mistaken they alternate as to who is the primary author among the majority. I could be wrong, but I think this is how it's done.

Typically these decisions are done over months and months of deliberations with teams of clerks working for each Justice. In other words it's usually not something done off the cuff.
 
Jumper said:
Yeah, this is the big one. And since they left it for the last, it probably is more substantial than the overturn of Roe-v-Wade.
Clarence Thomas might go down in history as one of the greatest Americans since The Founding Fathers.
And you cant discount Donald Trump here. He appointed Gorsuch, Kavanaugh and Coney-Barret. If they get this decision right the outcome will be EPIC!
Click to expand...
And thank RBG for not retiring and giving her seat to Trump and Mitch.
 
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They are putting the power in Congresses hands, to either make the decision or specifically give that power to the EPA.

Its interesting how if you read the case you can see Obama was trying to start the climate change show. While he buys more oceanfront property.
 
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It will take a minute to digest the entirety of this decision. How it was written matters immensely. Overall it's a good thing but how far this decision goes out to other agencies is still TBD.

In other news please see the following video for updates on some actual 2A cases. The SCOTUS has moved again on several other cases that were pending.

 
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UKDslayer said:
www.thegatewaypundit.com

Vermont Senator Pat Leahy Undergoes Emergency Surgery for Broken Hip | The Gateway Pundit | by Kristinn Taylor

Senator Pat Leahy (D-VT), 82, is undergoing emergency surgery after falling and breaking his hip Wednesday night at his McLean, Virginia home, according to a statement issued by his office.
www.thegatewaypundit.com www.thegatewaypundit.com
Click to expand...

UKDslayer said:
www.thegatewaypundit.com

One Solution Against Tyranny Is Creating State Guards to Defend the Constitution and Fight Back Against the Deep State | The Gateway Pundit | by Joe Hoft

Guest post by Lawrence Sellin Creating state guards to defend the Constitution and fight back against the Deep State may be necessary to defend American freedom.
www.thegatewaypundit.com www.thegatewaypundit.com
Click to expand...

UKDslayer said:
A bad decision:

www.thegatewaypundit.com

Supreme Court Overturns President Trump's "Remain in Mexico" Policy for Migrants Who Claim They Are Seeking Asylum | The Gateway Pundit | by Joe Hoft

The US Supreme Court, with the help of Justices Roberts and Kavanaugh, sided the Biden Administration in allowing Joe Biden to further weaken US immigration policy and flood the US Southern border with millions of more illegal aliens. President Trump initiated a law that forced migrants crossing...
www.thegatewaypundit.com www.thegatewaypundit.com
Click to expand...
Did you mean to put these in PortaJohn?
 
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It’s not a bad decision. It’s the right decision. Enforcing the border and making agreements with neighbors is 100% Executive branch.
I don’t like the outcome/results, but it was the right decision.
The way you fix this, legally and Constitutionally, it to get a new administration that will uphold the laws instead of ignore them.
 
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alamo5000 said:
It will take a minute to digest the entirety of this decision. How it was written matters immensely. Overall it's a good thing but how far this decision goes out to other agencies is still TBD.

In other news please see the following video for updates on some actual 2A cases. The SCOTUS has moved again on several other cases that were pending.

Click to expand...

Sounds like several anti-gun State Attorney's Generals are getting their ass handed to them over the Bruen decision. Its about damn time!
 
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Fig said:
It’s not a bad decision. It’s the right decision. Enforcing the border and making agreements with neighbors is 100% Executive branch.
I don’t like the outcome/results, but it was the right decision.
The way you fix this, legally and Constitutionally, it to get a new administration that will uphold the laws instead of ignore them.
Click to expand...
I agree with you, in principle. The problem is in how unequally the idea is applied. Basically anything that Trump tried to do was stymied by the court yet now we are just supposed to shrug when the same standard isn't applied to Biden?
 
So far this is the crux of what was ruled in the W Virginia case:

"To resolve today’s case the Court invokes the major questions doctrine. Under that doctrine’s terms, administrative agencies must be able to point to “ ‘clear congressional authorization’ ” when they claim the power to make decisions of vast “ ‘economic and political significance.’ ”"

Please note the word 'agencies' with an S on the end of it. Also worthy of note "clear congressional authorization".
 
alamo5000 said:
So far this is the crux of what was ruled in the W Virginia case:

"To resolve today’s case the Court invokes the major questions doctrine. Under that doctrine’s terms, administrative agencies must be able to point to “ ‘clear congressional authorization’ ” when they claim the power to make decisions of vast “ ‘economic and political significance.’ ”"

Please note the word 'agencies' with an S on the end of it. Also worthy of note "clear congressional authorization".
Click to expand...
The problen with that writing is that the lazy bastards in Congress keep giving these unelected officials the ability to create law by Fiat.
 
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wvfarrier said:
The problem with that writing is that the lazy bastards in Congress keep giving these unelected officials the ability to create law by Fiat.
Click to expand...

In general these agencies have some leeway still.

For example if a class 11 earthquake hits California causing catastrophic damage to the state, the IRS can say "April 15 is tax day, but because of the problems currently going on, for all residents of California the tax deadline is now August 15".

In this example the IRS did not change the crux of the law. They don't need to go to Congress for that. Also the change is only temporary in nature.

On the other hand the IRS cannot say "we are now environmental champions therefore all gasoline engines are taxed at a 150% rate".

Where exactly the line is I'm not sure, but the latter is clearly a violation.
 
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Jumper said:
Sounds like several anti-gun State Attorney's Generals are getting their ass handed to them over the Bruen decision. Its about damn time!
Click to expand...
Yup. I'm still waiting for the shakeout. There is no telling what all can result.

Apparently lots of other things are going to be impacted too, particularly in states like California. Magazine bans, gun rosters, ammo limits and procedures, and even AR bans are all on the short list.
 
alamo5000 said:
Yup. I'm still waiting for the shakeout. There is no telling what all can result.

Apparently lots of other things are going to be impacted too, particularly in states like California. Magazine bans, gun rosters, ammo limits and procedures, and even AR bans are all on the short list.
Click to expand...

If they can get rid of NJ’s mag ban and the new rules open up CC for Non Residents I might honestly get one so that I can freely carry everywhere I travel and not have to worry about getting ass raped in prison because I crossed a bridge.
 
Limiting alphabet agencies ability to "make laws" will have a far more staggering effect than many people realize. It will rightly kick much of the "law making" power back to the legislative branches of government where it rightly belongs. Alphabet agencies are supposed to figure out how to implement laws passed by the legislative branch...they (alphabet agencies) aren't supposed to make "laws". This also applies to rules that alphabet agencies enact and then treat as laws.

Alphabet agencies making laws or rules that are treated as laws has been going on for a long time and it is a good thing that they (alphabet agencies) are finally being reigned in even if this ruling is only a start.
 
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Some more eyebrow raising decisions today.

Assault weapon ban, mag ban, and stuff like that was VACATED by the Supreme Court.

In other words those decisions upholding those things were thrown out in their entirety.

 
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CMP70306 said:
If they can get rid of NJ’s mag ban and the new rules open up CC for Non Residents I might honestly get one so that I can freely carry everywhere I travel and not have to worry about getting ass raped in prison because I crossed a bridge.
Click to expand...
I think the NJ mag ban was one of the other cases that the Supreme Court vacated today.

Basically that means they hit the delete button on the previous rulings upholding the ban and sent it back to lower courts to be decided again (this time with the new guidance in place).
 
Just remember that congress can sneak all of this stuff back into law by putting it in one of those 4000 page spending bills. You know, the ones you have to pass to know what’s in it.
 
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lariat said:
Just remember that congress can sneak all of this stuff back into law by putting it in one of those 4000 page spending bills. You know, the ones you have to pass to know what’s in it.
Click to expand...
Actually no, they cannot. At least not the firearms stuff.
 
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alamo5000 said:
Actually no, they cannot. At least not the firearms stuff.
Click to expand...
Sure they can. They can put it in there and it will go to court to be struck down. Until then confusion ensues. That can go on in perpetuity with reworded bills.

There are all kinds of laws that are unconstitutional. That doesn’t stop them from trying. The legislative branch is full of paid-for statists; they aren't going to stop just because the Supreme Court put some words on paper. They will work the angles until something sticks and then they will expand on that because they know that not everything goes to the SC and there are liberal judges all over the courts in the US and not everyone has the money to spend to challenge at that level.
 
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alamo5000 said:
Actually no, they cannot. At least not the firearms stuff.
Click to expand...
Sort...of. They can, but then they fall under color of law felony statutes so they are all the sudden doing something legally punishable by death. Literally.

18 USC Subsection 242:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
 
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Unknown said:
Limiting alphabet agencies ability to "make laws" will have a far more staggering effect than many people realize. It will rightly kick much of the "law making" power back to the legislative branches of government where it rightly belongs. Alphabet agencies are supposed to figure out how to implement laws passed by the legislative branch...they (alphabet agencies) aren't supposed to make "laws". This also applies to rules that alphabet agencies enact and then treat as laws.

Alphabet agencies making laws or rules that are treated as laws has been going on for a long time and it is a good thing that they (alphabet agencies) are finally being reigned in even if this ruling is only a start.
Click to expand...
And it makes Congress do their job and be on record for their choices/votes on the issues instead of gutlessly passing the back to some agency.
 
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kmckinnon said:
And it makes Congress do their job and be on record for their choices/votes on the issues instead of gutlessly passing the back to some agency.
Click to expand...

So essentially, you're saying that the Supreme Court just told every American citizen it's time to start paying attention and give their vote only to a representative that will work to create the laws and the America they would like to see?

What a concept.

Thank you,
MrSmith
 
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I don’t know if I’m more terrified of faceless inefficient bureaucrats making the rules slowly but inexorably or the fucking idiots we elect doing it.
 
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kmckinnon said:
And it makes Congress do their job and be on record for their choices/votes on the issues instead of gutlessly passing the back to some agency.
Click to expand...
Ding, ding, ding. We have a winner. The agencies didn't 'steal" law making responsibility. Congress heaved it over the fence so they can collectively say; "I didn't write that. I didn't vote that. That's the EPA, ATF, SEC, CDC, FDA, etc..."
 
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