https://www.overlawyered.com/2020/01/supreme-court-roundup-32/ Chronicling the high cost of our legal system Mon, 06 Jan 2020 15:04:57 +0000 hourly 1 https://www.overlawyered.com/2020/01/supreme-court-roundup-32/comment-page-1/#comment-357312 Mon, 06 Jan 2020 14:51:43 +0000 https://www.overlawyered.com/?p=73745#comment-357312 Regarding the “not” regulate. Is this really just a “clear statement rule”? If an agency issues affirmative regulations that say that an area is to be unregulated by the states (assuming that Congress has given it this power), then that should be respected (assuming valid statute etc.). So is what Thomas and Gorsuch are arguing is that if an agency wants to foreclose state regulation that it must affirmatively say so through regulatory enactments?

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