In another case, Kavanaugh writes in support of Gorsuch's opinion last term raising the prospect of a revival of the nondelegation doctrine. Kavanaugh did not participate in that case. It means the 5 conservatives are now all on the record in backing that view
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Putting new restrictions on ability of Congress to delegate authority to the executive branch could a major line of legal attack against any major progressive legislation passed in coming years if Dems control Congress
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Last term, Alito voted with liberals in against sex offender in case that raised nondelegation question but wrote: "If a majority of this court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort."
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As Kavanaugh describes it in his opinion, this theory if applied previously would probably have meant that EPA would not have had the legal authority to make the decision to regulate greenhouse gases w/out express order from Congress, for example
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In other action, the court turned away a case on whether a website that allows people to trade firearms online could be sued by a relative of a shooting victim in Wisconsin. Leaves in place ruling that nixed the lawsuit
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