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Sunday, February 26, 2023 2:00:35 PM
Here's the piece of the puzzle that you are missing - an agency action can be statutorily permissible (like the NWS) but that same statutorily permissible action (like the NWS), can be invalidated as a violation of the Seperation of Powers or the MQD or any other Constitutional reasons.
That's why Collins was remanded to the trial court to determine if the Constitutional Violation in HERA resulted in any damages to the shareholders.
The Collins decision was NOT saying that the NWS survives all Constitutional Challenges and complies with the US Constitution.
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