Lawfag here. This is important, anons.

You should read it just to have the background on WTF is going on with our country and why it's partially off the rails. POTUS picks for SCOTUS will right this ship. This next Kisor v. Wilkie case is one of the first steps…

The Supreme Court and the Forgotten “Three Ring Government”

As James Madison captured in Federalist 51, our federal structure is designed to give unique powers to each branch of government for “keeping each other in their proper places” – the critical separation of powers principles. The Constitution contemplates that each branch of government will jealously guard its role, thus protecting individual liberty. Although we learn this in middle-school civics class, too many people quickly forget the critical role our government structure plays in guaranteeing our substantive freedoms. If you fall into the camp that can remember Schoolhouse Rock’s “I’m Just a Bill” but can’t quite remember the words to “Three Ring Government,” you are not alone. Members in all three branches of our federal government frequently “forget” them too.

Rather than guard their constitutional duties and powers, our nation’s legislators and judges frequently abrogate them, delegating and deferring to the 430 federal departments, agencies and sub-agencies that make up the administrative state. As a practical matter, this vests federal agencies with executive, legislative and judicial powers. Although this abandonment of duty may not always be intentional, it is enough to leave middle-school civics teachers shaking their heads and, more seriously, has led for calls from every corner to return to the lawful constitutional order.

Hearing those calls, and at times making them, the Supreme Court recently agreed to hear Kisor v. Wilkie and re-examine the most constitutionally suspect of all the deference doctrines. Under Auer v. Robbins and Bowles v. Seminole Rock, courts give “controlling weight” to a federal agency’s interpretation of its own regulations rather than applying the court’s independent judgment to interpret the regulations. The courts initially only abrogated their judicial power in challenges to price controls, but Seminole Rock/Auer deference quickly reached official agency interpretations and informal interpretations, including internal memorandums and “dear colleague” letters. With the administrative state touching almost every aspect of life, the time has come to revisit Auer and Seminole Rock.

(continued at link below and OK to click this shit)

https://www.scotusblog.com/2019/01/symposium-the-supreme-court-and-the-forgotten-three-ring-government/