The Boring Supreme Court Case That Could Help Make America Great Again

SCOTUS could begin dismantling the legal foundation of the administrative state.

The case is called Kisor v. Wilkie, and it’s a veteran’s-benefit case involving a Marine seeking retroactive benefits for his PTSD. The case hinged on the VA’s interpretation of the word “relevant” in the applicable federal regulations. In his petition for Supreme Court review, Mr. Kisor submitted two questions:

1) Whether the Court should overrule Auer v. Robbins and Bowles v. Seminole Rock and Sand Co.

2) Alternatively, whether Auer deference should yield to a substantive canon of construction.

The Court granted review on Question 1 only.

Asleep yet? Well, wake up because I’m going to explain now why this is a Big Deal in the battle against the metastasizing administrative state. Auer and Bowles are the Supreme Court cases that “direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.” It’s the Little Satan that works with the Great Satan — Chevron deference — to fuel the explosive growth in the power of executive-branch agencies.

https://www.nationalreview.com/2018/12/the-boring-supreme-court-case-that-could-help-make-america-great-again/

Bernie Sanders Backers Battle DNC in 11th Circuit

A group of Bernie Sanders supporters faced off against the Democratic National Committee before an 11th Circuit panel Tuesday, fighting to resurrect their claims that the committee shafted them by favoring Hillary Clinton over Sanders in the 2016 presidential primary.

The Sanders supporters urged the Atlanta-based federal appeals court, which held hearings in Miami on Tuesday, to revive a lawsuit in which they accused the DNC of shrugging off Sanders as a presidential candidate and diverting resources to help Clinton win the party’s nomination for president.

Dismissed last year in the Southern District of Florida, the lawsuit attempted to demonstrate the alleged Clinton favoritism by citing internal DNC emails, which had been stolen by hackers and released on WikiLeaks. U.S.intelligence agencies have since linked the hack back to Russian agents involved in an election-meddling operation.

https://www.courthousenews.com/bernie-sanders-backers-battle-dnc-in-11th-circuit/