It’s a huge decision.
Essentially they are admitting that agency “law” isn’t and the unaccountable bureaucratic state that erected itself is illegitimate.
Even devout Commutards like Kagan can see that.
It’s a start on the road to reversing Delegation.
It’s a start on the road to reversing Delegation.
Or as I like to put it,
abdication of power by our representative government, a dereliction of governing duty, by punting defined responsibilities over to a bureaucratic administrative state who then rule over us, who do not govern through a social contract. A slick machination which installed tyranny upon us out in the open, in broad daylight with nary an objection. People became accustomed to it as the 'order of things', for the most part not realizing what has happened,
is happening.