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Charlie T Waite, December 19, 2018 in TEAM SASS
“After cert is granted, then what’s the progression to get to toward this “”shaking up?”
If “Heller” and “McDonald” are indicators, not much.
The hopefuls are thinking like law abiding citizens. If a thing is declared illegal by a court, then everything that stands in opposition should immediately be expunged from the statutes. Wipe the slate of illegal rules and regulations. After cert, the SC justices get together and decide how they will rule (not necessarily in agreement with each other). Somewhere in the process, the actual filing of the appellant and the opposition may be read. It is also possible oral hearings will be required, and possible the arguments will be persuasive where the legal briefs did not convince. Then a bunch of months have to go by, and the SC will issue a ruling. As noted, the hopeful expect a favorable ruling (government loses) will result in a complete overturning and removal of any law, rules, regulations that are not aligned with the SC decision. Real life says that doesn’t happen, and like so many SC decisions, the losers will just defy the rulings – because there is no penalty for defiance.
“This isn’t a ruling that will say whether any particular regulation is illegal.”
A positive ruling for the plaintiff would only open the door for endless litigation. It would not remove any existing interpretation by government agencies. My intent is for people to recognize the limits of the case, and not view it as a mass change in status of any agency interpretations. Battling each and every government rule will be a lengthy and futile struggle trying to re-balance the equations.
Ye gods! I know that on a State level, getting to the Appellate level is a minimum of $5000 in legal fees. Double that for State Supreme Court. I can't imagine the bill for a federal appeal, let alone to the USSC.
We need to push to get those federal judicial appointments by the President done! Perhaps with more rational legal minds in the lower courts, many of these cases will go away.
Also explains why I rarely see the names of attorneys in bankruptcy filings.
I see this as a small step in reining in the out of control alphabet soup of unelected federal legislative regulatory bodies. They should have no power to enact anything that has force of law, even if they call them "regulations." If you can be arrested, charged, tried, and fined or imprisoned for violating something it is law, not regulation.
Regulations are abrogation of legislators duty to make and pass laws.