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Saturday, December 03, 2022 2:45:57 PM
Since you mentioned the Takings cases pending Writ of Cert to SCOTUS, I think if SCOTUS declines to hear the case, it will say something about liberty —particularly the broad deference due from courts to agencies under the Chevron doctrine.
Remarkably (and as Robert from Yahoo has mentioned,) Kavanaugh surprised many this year in finally chipping away at the Chevron doctrine in his opinion in West Virginia v EPA. Might this new exception to Chevron directly impact pending takings, removal power or separation of powers (appropriations) claims? I don’t know. But the Takings case arose in the Court of Appeals for the Federal Circuit, where Chief Justice Roberts is assigned. The chief would only need 3 other justices to rally to his flag.
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