Talk:Yakus v. United States

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Categorization edit

Latest comment: 12 years ago2 comments2 people in discussion

Why is this in the category "United States Supreme Court original jurisdiction cases?" Yakus was before the Supreme Court on certiorari to the First Circuit. LH2004 (talk) 21:13, 7 March 2011 (UTC)Reply

I think the contention that Yakus allows an agency to cure an unlawful delegation by limiting its construction of the statute is incorrect. Yakus does not make such a contention and the quoted portion does not lend support to this idea. If this is a concept merely implicitly derived from an nontraditional reading of Yakus, then the article needs to flesh out the idea better. Scalia's statement in Whitman, 531 US 457, 472, though, coupled with the actual Yakus opinion, suggest that this idea is incorrect. I suggest this portion of the impact on Administrative Law be removed absent additional support for the argument. 159.63.79.237 (talk) 23:07, 11 November 2011 (UTC)Reply

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