Oddbean new post about login | logout " ... or stand in solidarity to fight for our inalienable right to not be discriminated against and engage in economic activity with other consenting, supposedly free, companies." to me it seems worthwhile: Supreme Court: "Permitting Congress to divest its legislative power to the Executive Branch would “dash \[this\] whole scheme.” Department of Transportation v. Association of American Railroads, 575 U. S. 43, 61 (2015) (ALITO , J., concurring). Legislation would risk becoming nothing more than the will of the current President, or, worse yet, the will of unelected officials barely responsive to him. See S. Breyer, Making Our Democracy Work: A Judge’s View 110 (2010)" get ready to fight the trolls
"First, courts must look to the legislative provisions on which the agency seeks to rely “ ‘with a view to their place in the overall statutory scheme.’ ” Brown & Williamson, 529 U. S., at 133. “\[O\]blique or elliptical language” will not supply a clear statement. Ante, at 18; see Spector v. Norwegian Cruise Line Ltd., 545 U. S. 119, 139 (2005) (plurality opinion) (cautioning against reliance on “broad or general language”). Nor may agencies seek to hide “elephants in mouseholes,” Whitman v. American Trucking Assns., Inc., 531 U. S. 457, 468 (2001)" I like this one: "Nor may agencies seek to hide “elephants in mouseholes"".
The EPA has quite a long history. So one approach could be to see if the EPA has ever covered another industry with such data collection before. concurring - Gorsuch: "Third, courts may examine the agency’s past interpretations of the relevant statute. See ante, at 20–21. A “contemporaneous” and long-held Executive Branch interpretation of a statute is entitled to some weight as evidence of the statute’s original charge to an agency. United States v. Philbrick, 120 U. S. 52, 59 (1887). Conversely, in NFIB v. OSHA, the Court found it “telling that OSHA, in its half century of existence, ha\[d\] never before adopted a broad public health regulation” under the statute that the agency sought to invoke as authority for a nationwide vaccine mandate. 595 U. S., at \_\_\_ (slip op., at 8); ante, at 18;"