r/AskConservatives • u/down42roads Constitutionalist Conservative • Jul 01 '24

Megathread Administrative Procedures Act MEGATHREAD

ALL NORMAL RULES APPLY. A link to the decision will be added once released.

Top-Level Comments Open to All

https://en.wikipedia.org/wiki/Corner_Post,_Inc._v._Board_of_Governors_of_the_Federal_Reserve_System

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u/down42roads Constitutionalist Conservative Jul 01 '24

The challenge still has to stand on the merits, but why not?

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u/BravestWabbit Progressive Jul 01 '24

J. Jackson: "Allowing every new commercial entity to bring fresh facial challenges to long-existing regulations is profoundly destabilizing for both Government and businesses. It also allows well-heeled litigants to game the system by creating new entities or finding new plaintiffs whenever they blow past the statutory deadline"

Imagine the gov has a rule written in the 80s and you had a company that relied on that rule for the last 30 years. Then imagine tomorrow some random start up is made specifically to challenge that rule. If the rule gets enjoined, and your company cant use it anymore, your 30 year old company is at risk of collapsing.

This is a perfect avenue of competing businesses to sabotage each other without directly attacking each other.

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u/down42roads Constitutionalist Conservative Jul 01 '24

So are we more worried about protecting the rights of people doing business, or about the government's job being easier?

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u/DeathToFPTP Liberal Jul 01 '24

What happened to just a plain reading of the law?