5CA panel: administrative law is unconstitutional
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Pretty awesome that two malfunctions by the Electoral College can give us Article III appellate judges who think that enforcement of the Code of Federal Regulations is unconstitutional:
The 5th Circuit just dismantled the SEC's power to enforce securities law. This decision is beyond radical. It is nihilistic. https://t.co/6X46t2f4vY— Mark Joseph Stern (@mjs_DC) May 18, 2022
Anyway, the implication of this decision is that most (all?) agency enforcement power is unconstitutional. Which, in plain English, means that the federal government can't enforce a huge swath of regulations. I mean, this is basically striking down the administrative state.— Mark Joseph Stern (@mjs_DC) May 18, 2022
Elrod is a W. Bush nominee, reminding is that Trump was just the culmination of a long march to make the Gilded Age great again through the federal judiciary. Republicans are preemptively leaping to defend the Legitimacy and Integrity of the federal courts because they plan to spend decades inflicting these crackpot doctrines on the country and in so doing completely cripple the ability of the federal government to function.