The New York Times is running a piece on the Selia Law case that is to be argued before the Supreme Court on Tuesday. This case has the potential to cause massive problems at Social Security. The Trump Administration would like to limit it to regulatory agencies, particularly the Consumer Financial Protection Bureau but I don’t see any way to so limit it. Such wishful thinking may make it harder for this Administration to react properly and promptly once the position of Commissioner of Social Security is found unconstitutional, as it probably will be. If the agency is headed by a person who lacks a proper appointment, practically every decision he makes or which is made on a delegation of authority from him is illegitimate.
So this could possibly squash the increased CDR proposal or the leaked story that they are considering raising the Grid Rules? A lawsuit could be brought challenging these changes, if they come to be, because they were made without proper appointment.
ReplyDeleteThe Court can do whatever they want. They can easily find some rationale (it doesn't have to make sense) to limit a decision to CFPB, if they choose. Also, it would be very easy to simply to invalidate the part of the law that prevents the president from firing the CFPB director. They could also give the president the power to fire other agency heads, such as that of SSA, and of course, they could go beyond that. The majority decision is going to be based on ideology and politics, and so the Court ruling will only cause massive problems at SSA if that's what they want.
ReplyDeleteSCOTUS, in all likelihood will be silent as to other agencies, as those issues are not before it, just as Lucia did not address ALJs other than SEC ALJs.
ReplyDeleteThe problem is that the current Administration will, just as it did post Lucia, interpret the decision as if it applies to all agencies. The Administration will use the decision as cover for a massive power grab/move to dismantle the Administrative state in accordance with the wishes of the donor class funding it.
Funny, from a page that finds every decision every commissioner makes as illegitimate and incorrect.
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