ALL such battles seem to have been lost long ago. Peopl bfore I came along decided that they would not object to essentially ANY power siezed by the Feds. It’s downright depressing.

Sounds like an actual controversy to me.

The law itself hasn’t been thrown out or modified, just the Executive Branch regulations which were not implementing the law’s intent.

I remember the arguments when the law implementing the cafe standards was being passed, and the intent was to leave exemptions for construction equipment, Semi trucks and off-road vehicles.

IMHO, calling a Ford Explorer or Hummer that is driven 99% of the time on the public roads an off-road vehicle to exempt it from the cafe standards is not in accord with the intent of the law.

Personally I think the cafe standards law is not actually within Congress’s constitutional powers – but I realize that battle has been lost long ago…

Is this an example of “judicial activism” run amok, or is there an actual controversy that requires judicial intervention?

It occurs to me that on its face, it looks like there’s a real separation of powers issue here.

Examples?

Legal Realism.
Deconstruction.
HMO’s and their legal immunities.
The Bushes and the Clintons. Kerry who wants the US to be France so Yale grads may run its central government.
Due Process for Terrorists

Name an idea that hurts our nation. It traces back to Yale. What is going on there?