Good points Guido - Alioto seems stuck in his perspective generally but this is where I think TH is oversimplifying since SCOTUS does seem to believe in the separation of powers. Seems like Collins created a whole menu of potential separation of powers claims and we are fortunate to have plaintiff attorneys who are taking this as far as these claims may go. Does SCOTUS really want to give tacit consent to a series of Acting Directors? Do they really want to let a POTUS interpret a statute based on political opportunism? Do they really want to protect run away federal agencies that can target certain companies for penalities and use the funds to expand a political inquisition? Seems like SCOTUS would want to rule and keep the Constitutional structure of US Government in tact. We will see.
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