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Monday, February 27, 2023 2:23:10 PM
We all thought Collins was a slam dunk, but then the SCOTUS came up with this 'Super Conservator' and 'best interests of the public it serves ' mantra, letting the Incidental Powers of HERA wag the dog of HERA.
AT LEAST 4 HURDLES WILL HAVE TO BE OVERCOME:
(1). The SCOTUS will have to rule that the CFPB funding structure violates the Appropriations Clause
(2). That the REMEDY for the Constitutional Violation is invalidation of the federal agency action.
(3). Subsequent litigation, likely ending at SCOTUS says that the HERA funding mechanism ALSO violates the Constitution.
(4). The remedy for the HERA funding Appropriations Violation is invalidation of the NWS.
A long uncertain journey indeed.
Now, throw in the possibility that the federal government finally throws in a "compromise" offer on the courthouse steps as the parties enter the courtroom and the Plaintiffs agree to drop their Litigation in return.
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