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Re: FFFacts post# 745331

Friday, 01/20/2023 3:21:12 PM

Friday, January 20, 2023 3:21:12 PM

Post# of 751570
Judge Thapar's Dissent in Rop is about the Appointments Clause. One way to invalidate the NWS would possibly be to challenge the agency action under Article 1, Section 1 of the US Constitution (i.e., the Appropriations Clause): "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

The CFPB has a Petition for a Writ of Certerrori and the SCOTUS may decide at its conference in mid February.

I'm sure you're familiar with the Appealate Panel Decision in the 5th Circuit.

Why not try this?

BTW, loved this at the end of Judge Thapar's Dissent:

"We have long understood that the Constitution’s structural protections are as important
for individual liberty as amendments like the First or Fourth. But while no jurist would suggest
that Congress and the President can do away with the Bill of Rights or the Fourteenth
Amendment, that’s exactly what the majority proposes to do with the Appointments Clause. The
Constitution’s structural protections are no more ours to give away than the people’s enumerated
rights. Respectfully, I dissent."

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