EACH Constitutional Challenge to the NWS gets its own chance in court. The SCOTUS by denying Hamish Hume's and David Thompson's (amongst others) Petition for a Writ of Certerrori basically said "we agree with the COFC Appealate decision" (which ruled that the NWS was NOT a taking in violation of the 5th Amendment because shareholders don't have the right to exclude the government from their property and that's a prerequisite for a valid Taking Clause Claim).
So, a MQD constitutional challenge would get to start off at the federal circuit, could be appealed, and would be exhausted when the SCOTUS denies the Petition for a Writ of Certerrori or litigated the Constitutional Claim.
Here's an example of a federal agency overreach that will likely be shot down. The HEROES ACT was passed subsequent to 9/11 to make sure that service personnel have the opportunity to have their student loans put on hold or forgiven during service war time and grants or delegates that authority to the Department of Education Secretary.
Here's where the power comes from for the Education Department to act, a section of the HEROES Act that gives the Secretary of Education authority, in certain circumstances, to “waive or modify” provisions of law applicable to federal student loans. The Secretary may do so “as may be necessary to ensure that … recipients of student financial assistance” who are affected by war or national emergency “are not placed in a worse position financially in relation to that financial assistance because of their status as affected individuals.”
Now, if a student loan borrower is affected by a war or NATIONAL EMERGENCY, then the US Congress has delegated that authority to the Education Secretary and no problem forgiving $400B in student loans, right?
Nothing wrong with that, according to the Powers of the Act, seems perfectly legal and legit, kinda like the NWS, right?
So then why did a federal Judge say that No, it's AN UNCONSTITUTIONAL AGENCY ACTION THAT SHOULD BE INVALIDATED BECAUSE ONLY THE US CONGRESS CAN DECIDE MAJOR QUESTIONS OF POLITICAL AND ECONOMIC IMPORTANCE?
Do you understand HOW that works?
JB'S DOJ, ran straight to the USSCT and we will hear oral arguments on Tuesday, February 28th (get your popcorn ready!)
Likewise, JB'S DOJ ran straight to the SCOTUS demanding to be heard on the CFPB issue as well, let's see what happens on that one, probably after the Presidents Day holiday, whether they accept or deny the Government's petition for a Writ of Certerrori.
