District Court Declares Vacatur (Likely) Unconstitutional

"Even if Congress were to enact a law clearly empowering Article III courts to vacate agency rules or regulations and automatically cause their erasure from the Code of Federal Regulations, vacatur would likely still be inconsistent with the limited nature of the judicial power and the non-delegability of core legislative power to the judiciary." ==================================================================== Judge Kathryn Mizelle of the Middle District of Florida issued an opinion finding that the "set aside" remedy under the APA is (likely) unconstitutional. Here is an excerpt from the opinion: Even if Congress were to enact a law clearly empowering Article III courts to...