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> it's forcing legislative responsibility back on Congress I mean it's not really going to do this in practice, because Congress can and will continue to be dy
by Spivak 2y ago
> it's forcing legislative responsibility back on Congress
I mean it's not really going to do this in practice, because Congress can and will continue to be dysfunctional it just means that the court rather than the agency is going to make the call on what the law means. Without a way for the judiciary to be say, "this law is too ambiguous to rule on, Congress must pass a law right now clarifying their intent, then we will issue a ruling" it's just going to be the judges making a call.
- maxwell 2y agoIf Congress doesn't want to do anything, and this one clearly doesn't (they look to be on pace for the fewest acts ever), then that just effectively kicks the responsibility down to State legislatures. Good for distributing power. You know, laboratories of democracy.