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OMOLIVES

03/13/24 9:15 PM

#219787 RE: janice shell #219786

I don't see a problem with that.

“The Government’s arguments are not supported by precedent. Because the CTA exceeds the Constitution’s limits on the legislative branch and lacks a sufficient nexus to any enumerated power to be a necessary or proper means of achieving Congress policy goals.”



In short, Burke’s ruling suggested that there was not a clear enough case that the CTA was supported on the grounds of national security. Judge Burke’s ruling was the product of a legal challenge brought by the National Small Business Association (NSBA) and one of its members against the Secretary of the U.S. Treasury Department.



Is there precedent?

The order “only applied to enjoin the CTA’s reporting requirements as to the plaintiffs, including NSBA member entities across the country,” said Thomas H. Lee, the lawyer who challenged the act on behalf of the NSBA. Lee is with Hughes Hubbard & Reed in New York. “The government may move for a stay pending appeal, but it has not yet filed.”




The best way to go after this is to write it correctly ...https://www.congress.gov/congressional-record/volume-166/issue-214/senate-section/article/S7587-1 .. ..so fix it...or have at it :) ... ...and....https://www.law.cornell.edu/uscode/text/31/5336