It's also a bit breathtaking to see the sheer amount of power the Republican judiciary has arrogated to itself this term, all without a single act of Congress
Deciding what's an "official act"? SCOTUS decides
Deciding what a statute means if Congress doesn't over-specify? SCOTUS decides
Deciding that specific statutes of limitations provided by Congress don't apply? SCOTUS decides
My favorite game is running down the list of Republican "pillars" through the years:
- Big Tent Party, everyone is welcome
- Party of Limited Government
- The Moral Majority
- The Party of Personal Responsibility
- The Law & Order Party
They are only activist judges when they don't rule how we want.
They are noble saviors of our white godfearing nation when 1 fuck in TX can impose his bible thumping bullshit on everyone.
I think they all had their own territories though, and were thus contained, whereas our 9 petty tyrants rule over all just the same as the other, larger petty tyrant.
Congress still has some power, in theory.
50 years experience analyzing and deciding the most complex cases pales in comparison to being a GS-11 who just got hired at CIA the day before they signed a declaration.
It’s nuts. All those major questions doctrine cases pretended they were acting modestly to preserve congressional power.
But in Looper Bright, they were just like we know better than the administrative agencies created by the acts of Congress and staffed with their consent.