Big Win Against Administrative State

[Bucktail Bob]

OPINION OF THE COURT
_______________
BIBAS, Circuit Judge.
The buck stops with the President—but not when unelected
officials get a veto. Under a federal fishing law, a Regional
Council can veto some actions taken by the Secretary of Commerce. That power is significant. But the Council members
were never appointed by the President, as the Constitution
requires. Two fishermen rightly challenge this scheme. The
remedy, we hold, is to sever the pocket-veto powers so the
Council plays only an advisory role.
I. THE FISHERMEN CHALLENGE

LOWERED FISHING LIMITS
A. The Magnuson-Stevens Act Regulates U.S. Fisheries
B. After the Council Lowered Fishing Limits,
the Fishermen Sued

II. THE FISHERMEN HAVE STANDING

III. THE COUNCIL MEMBERS ARE
OFFICERS OF THE UNITED STATES
A. The Council’s Pocket-Veto Powers Are
Significant Authority

IV. COUNCIL MEMBERS ARE PRINCIPAL OFFICERS

V. THE REMEDY IS TO SEVER THE
UNCONSTITUTIONAL POWERS


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https://www2.ca3.uscourts.gov/opinarch/241420p.pdf