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Sunday, February 12, 2023 10:26:19 AM
NOW you're on to 'major questions'. Robert, you need to go back to the case I cited. Congress can delegate....'major stuff' if you will....to FHFA...which they did.
You seem to be confused. Conservatorship v Nationalization. You still have your commons...goin to the moon...worth $10, 100, 1000.....I keep hearing that every day. That's not nationalization now is it? No taking has happened, according to the CoFC. No nationalization.
You want a case... COLLINS. Been there and done that. It's not a question of whether or not the major questions doctrine was applicable, it's a question of whether or not an agency has operated OUTSIDE of the statute that created it. In Collins, the SC said it hadn't.
WV v EPA:
Under this body of law, known as the major questions doctrine, given both separation of powers principles and a practical understanding of legislative intent, the agency must point to "clear congressional authorization" for the authority it claims. Utility Air, 573 U.S. at 324, 134 S.Ct. 2427. Pp. 2607-2610.
NWS all legal and within statutory bounds....according to the SC.....major questions doctrine inapplicable.
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