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Saturday, July 01, 2023 12:42:38 PM
"And as we have
already shown, the HEROES Act provides no authorization
for the Secretary’s plan even when examined using the or-
dinary tools of statutory interpretation—let alone “clear
congressional authorization” for such a program.9
Footnote 9, Biden v Nebraska:
"As we have explained,
the statutory text alone precludes the Secretary’s program. Today’s opin-
ion simply reflects this Court’s familiar practice of providing multiple
grounds to support its conclusions. "
"Today, we
have concluded that an instrumentality created by Mis-
souri, governed by Missouri, and answerable to Missouri is
indeed part of Missouri; that the words “waive or modify”
do not mean “completely rewrite”; and that our precedent—
old and new—requires that Congress speak clearly before a
Department Secretary can unilaterally alter large sections
of the American economy. We have employed the tradi-
tional tools of judicial decisionmaking in doing so. "
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