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HISA violates the private non-delegation doctrine

IANAL so wiki it is.
According to wiki this is the first time since 1935 the courts have ruled this direction.
It is wiki so take that as you will.
Wishing some law folks will chime in.

Disappointing how much time and money is going up against the idea of HISA.


My sentiments exactly.

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Such a bummer. I briefly thought HISA would give horses a toehold.

Though I run the risk of politicizing this thread, the Fifth Circuit has repeatedly demonstrated it is a court of anti-governance, anti-regulation hardliners. Though it looks as if HISA had some wins, the Fifth District Appeals Court kneecapped the agency hard.

Additionally, maybe an actual lawyer could clarify this, it looks to me that after last week’s SCOTUS ruling ending deference to experts in federal agencies’ description and enforcement of laws and regulations, all bets are off. After the two cases’, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, decision, Friday, it seems unclear that any federal regulation regarding any business can be enforced without the Supreme Court’s express approval. I wonder whether SCOTUS refused to hear the other appeals before this specific rejection of HISA authority because they knew the regulatory power was about to be dismantled anyway by the Loper v Raimondo and Relentless v DOC decision.

Justice Kagan, in her dissent, said the Supreme Court had awarded “itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law.”

n.b. If in fact this is too much politics for this thread, could someone notify me without accusing me of something awful, please? I will delete upon request.

Edit for antecedent correction.

ICYMI, here’s a rundown of the pertinent SCOTUS decision: