SCOTUS rules for the rich and powerful. Most of the time Trump is aligned with them. Sometimes he does dumb shit like tariffs, or things that upset the order the rich and powerful want to maintain, and they rule against him.
> Yes but in practice they delegate this power to the executive.
No, they do not delegate the power to lay (set) taxes to the executive, they do assign the executive the function of collecting the taxes laid by Congress.
> Congress doesn’t run the IRS themselves after all
The IRS doesn't freely set taxes, it collects the taxes set by Congress.
The moment Congress authorizes that the Executive may use discretion then the Executive can effectively levy taxes. They may be wielding a bat owned by someone else, but who swings it is ultimately what's important.
Now I'm generally of the opinion that Congress shouldn't be allowed to give the Executive discretion but seems no one agrees with that and Congress would rather let the Executive write "not quite laws" on their behalf.
They don't delegate the policymaking. Tax code is always congressionally approved, and I'm unaware of any even remote argument that changing tax policy is delegated to the executive.
OTOH enforcement of congressional policies is basically always the role of the executive, so the fact that the IRS exists and does things doesn't really impact delegation.
That's a distinction entirely invented by the court, and under their control.
The emergency docket is whatever they want to treat as an emergency. The decision not to treat this as such - it's hard to imagine many clearer examples of "immediate irreprable harm" - was clearly partisan.
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