U.S. Supreme Court,
Government,
Constitutional Law
Jun. 21, 2019
Supreme Court’s nondelegation ruling settled nothing
On the morning of September 28 last year, Sen. Jeff Flake announced he would be voting to confirm Brett Kavanaugh. A few hours (and one eventful elevator ride) later, Flake changed his mind and declared his support for a one-week FBI investigation. Gundy was argued four days later — without Kavanaugh.
Gundy v. United States, 2019 DJDAR (U.S. June 20, 2019), had the potential to be a sea change in the U.S. Supreme Court's approach to policing the separation of powers between the legislative and executive branches. Instead, through a combination of fate and one surprising "defection," an eight-justice court produced only a plurality opinion and settled nothing. But...
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