A majority of the Supreme Court Justices appear to be reigning in the federal government agencies (aka the 4th Branch of Government) through the Major Questions Doctrine in their June 2022 opinion, WV v EPA.
These UNELECTED BURAUCRATS in federal government agencies yearly produce Rules and Regulations that exceed the laws that the US Congress passes by 100 to 1.
These 10's of THOUSANDS of Rules and Regulations by UNELECTED BURAUCRATS YEARLY, impede and constrain the rights and economic lives of Americans and American Businesses.
Consolidating the Power of ALL 3 BRANCHES of Government in these federal agencies leads to what one Supreme Court Justice termed, "a junior varsity Congress".
Does the NWS violate the Major Questions Doctrine?
"In perhaps the most famous example, Madison wrote, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” THE FEDERALIST NO. 47, at 301 (James Madison) (Clinton Ros siter ed., 1961)."
? Such magnitude and NON precedented action may be a good fight in court
Yet
There is HERA
And that LAW by elected representatives created FHFA and gave FHFA powers
So the real question is did FHFA exceed HERA - a law passed by congress --- and best I recall the current SCOTUS group said FHFA is the people is equity so it was covered by the act of congress called HERA
I think that was a stretch beyond the law and any reasonable interpretation of the powers of FHFA under HERA -- but the court said - there is a law - HERA - there is an agency - FHFA - and it acted in its legitimate authority given to it by HEAR (even if the judges were shit ass dumb ...). So the actions of two people or two agencies was reviewed and deemed kosher under a legislative act
r u relating the EPA decision - nope no decision - oops yes decision - with FHFA and HERA?
(Yes it seems a D POTUS had one :READ of the law - then an R POTUS had a different READ of the law - and then a D POTUS had a different READ of the law (think of different read as MAYBE different leaders at EPA or "coincident v causal?)
Very informative and not unexpected ---- but would it not be AS true for a non elected SCOTUS with lifetime appointments --- which now are majority R appointed ?