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I understand your take here, but I fail to see how this is really a rebuttal? Congress has the ability to change the authorizing act if they believe that an ag
by horsawlarway 2y ago
I understand your take here, but I fail to see how this is really a rebuttal?
Congress has the ability to change the authorizing act if they believe that an agency is acting incorrectly when authorization is ambiguous.
If they do not do so - I would read that as congress intends the agency to act in the manner they are acting.
The court is now saying that failure to act is not a decision in itself, and that the courts are now allowed to decide - That feels like a fairly blatant power grab.
Why must congress be forced to continually act if the agency is making decisions it believes reasonable under the authorizations it granted? There will never be a law that lacks ambiguity - it's just not possible.