2 ms·
Fair points. I was sticking with the (quite common) framing of the previous commenter, but it’s actually more accurate to say that the Supreme Court’s majority
by jkaplowitz 2y ago
Fair points. I was sticking with the (quite common) framing of the previous commenter, but it’s actually more accurate to say that the Supreme Court’s majority is aligned with the plutocratic and corporate donor interests underlying the elite parts of the Republican Party and the Federalist Society. These misleadingly label themselves as conservative to their voters while in fact being quite activist and reactionary rather than truly wanting to conserve anything.
With that said: I was merely agreeing that this “conservative” (read: pro-corporate) court majority might decide that the Texas court was right to find this regulation outside the scope of the relevant FTC statutory authority, but not that they’d find it unconstitutional for the federal government in any broader sense than that.
(Of course, the reason regulations beyond the scope of statutory authority are legally invalid is exactly because of a constitutional separation of powers issue between the executive and legislative branches. This is the case even when it would be constitutional for Congress to legislate the matter directly or to authorize the executive branch to make such regulations.)