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Joined 3 years ago
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Cake day: July 11th, 2023

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  • Not quite. The court’s position is that there cannot exist an independent agency. They don’t see any provision for such a thing in the constitution. And if you take a purely literal originalist interpretation of the constitution, they’re right. Nothing in there says anything about “independent agencies”. Such independence was established ~140 years ago by precedent. So they’re not rewriting the dictionary, but they’re certainly rewriting a core legal doctrine that has been in place for >50% of the nations existence.

    In my opinion, assuming there’s ever actually an opportunity to fix this mess, a key change we’ll need to make is that there needs to be a higher standard for the supreme court to overturn its own precedent. Like, maybe the vote needs to be unanimous or something. This activist court has been decades in the making, and is radically rewriting much of the foundational doctrine under which the country has operated for generations.