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Robert from yahoo bd

02/21/23 1:07 PM

#749075 RE: FOFreddie #749010

Nice insight and I think you are zeroing in on the 3 prerequisites to unlocking the gates at the federal courthouse to get a MQD constitutional challenge to the NWS. Notice what the Gorsuch Concurring opinion says about the 3 prerequisites, "Gorsuch wrote that “this list of triggers may not be exclusive”.

What's interesting is that next Tuesday, February 28th, the oral arguments for another MQD case, the student loan forgiveness case is being argued. If you read the government's brief, they are arguing that the MQD does NOT apply because ALL 3 FACTORS are not present and therefore no MQD.

The US government maintains that the MQD requires ALL 3 FACTORS to be present.

The US Chamber of Commerce in their Amicus Brief are asking the SCOTUS to provide clarity.

Will they? Stay tuned for another drama filled episode of "When EXACTLY does the MQD apply to any given fact pattern!". ;-) !