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Their phrasing is specific to align themselves with the current supreme Court review of deference.

They'll likely delay until that decision has come down and they hope they can just claim the laws were unconstitutional in the first place.

https://www.scotusblog.com/2024/01/supreme-court-to-hear-maj...




Right idea, wrong case. The relevant case this term is SEC v. Jarkesy, which presents some of the "Federal agency adjudication is unconstitutional" arguments. The FTC brought this suit in-house before their own Administrative Law Judge, which is what TurboTax is protesting. The two cases related to Chevron deference also implicate agency power, but they implicate agency power in the actual courts.

https://www.scotusblog.com/2023/11/justices-to-consider-mult...




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